Title Due Diligence for West Bengal

Khatian Khatian is the individual land record certificate, indicates genuine title over the land.
The term “Khatian” is commonly used to mean “record-of-rights”. Every entry of the
Record of Khatian shows its own khatian number, plot numbers, bata plot numbers, area, mouza,
Rights names and shares of the possessors, descriptions of their rights and superior interests
etc.

Raiyat A raiyat was defined as someone who has acquired a right to hold land for the purpose
of cultivating it, whether alone or by members of his family, hired servants, or partners.
It also referred to succession rights. It is also defined under 2(6) of West Bengal Land
Reforms Act, 1955
Conversion As Per 4 A , 4 B and 4( c ) of West Bengal Land Reforms Act raiyat may apply to
of Land collector to change the land into any land

Format for https://egiyebangla.gov.in/acts/act_land_conversion_of_land.pdf

conversion
of Land

Ceiling on Raiyat Irrigated Land Non Irrigated Land

Raiyat An adult un-married 2.5 standard Hectors 3.50 standard Hectors
person or sole surviving (6.18 acres)
Member of (8.65 acres)
Family
Family Consisting of 2 to 5 5 standard Hectors 7 standard Hectors
Members (12.35 acres ) (17.30 acres)
Family of more than 5 5 standard Hectors + 7 standard Hectors
Members 0.5 standard Hectors (1.24 +0.7 standard hectors (1.73
acres for each members in acres) for each members in
excess of Five subject to 7 excess of five subject to
standard Hectors 9.80 standard hectors
(24.22 acres)

Family of 9 or more 7 standard Hectors 9.80 Standard Hectors

members
Any other rayat (which 7 standard Hectors 9.80 standard Hectors
inter alia includes
company )
FAQ on 1. What is land conversion?
How Land
Conversion Permission is necessary for change in land use which is called Land
Works
Conversion.

2. Whom should I approach for my land conversion and how should I apply?

An enterprise desirous of making any change in the area, character or

utilization of any land under its ownership may apply to the District Land &
Land Reforms Officer (for above 1 acre of land) / Sub- divisional Land & Land
Reforms Officer (for above 10 decimal to 1 acre of land)/ Block Land & Land
Reforms Officer (for land up to 10 decimal) of the concerned District/ Sub
Division / Block for permission in the prescribed format.

3. When should I apply for land conversion?

An enterprise may apply for land conversion after mutation of the land.

4. What are the documents required for application for land conversion?

An application in Prescribed Format with requisite payment of process Fee for

Conversion in court fee affixed on it or in cash, a copy of the registered deed of
transfer, copy of the Rent Receipt showing th e payment of upto date revenue
of the land in question, copy of the Mutation Certificate, EM-I /IEM
acknowledgement, copies of map of the said plot of land along with adjacent
plots of land and any other documents that may be required for disposal.

5. Is NOC from the adjacent plot holders required?

No, the system of obtaining NOC from the adjacent plot holders has been
discontinued. Instead adjacent plot holders may be called for hearing.

6. What is the procedure of land conversion?

An enquiry will be made by the field level functionary and this will be
followed by a hearing of the applicant concerned.
Bargadar means a person who under the system generally known as adhi, barga or
bhag cultivates the land of another person on condition of delivering a share
of the produce of such land to that person; [and includes a person who under
the system generally known as kisani [or by any other description]
cultivates the land of another person on condition of receiving a share of the
produce of such land from that person;]
[but does not include a person who is related to the owner of the land as
(a) wife, or
(b) husband, or
(c) child, or
 (d) grandchild, or
(e) parent, or (t) grandparent, or
(g) brother, or
(h) sister, or
(i) brother's son or brother's daughter, or
(j) sister's son or sister's daughter, or
(k) daughter's husband, or (/) son's wife, or
(m) wife's brother or wife's sister, or [(ma) husband's brother, or]
(n) brother's wife,], and
[Explanation.—A bargadar shall continue to be a bargadar until cultivation by
him is lawfully terminated under this Act;]

List of Form 1 A (Application for change of character, conversion or alteration in the mode of
Forms for use of land ( See sub-rule (1) of rule 5A ))
conversion
of Form 1 D (Application for change of character conversion or alteration in the mode of
Agricultura use of land ( See sub-rule (1) of rule 5A but this form for 4 C of West Bengal Land
l land for Reforms Act
any other
purpose
Website for 1. http://banglarbhumi.gov.in/BanglarBhumi/KnowYourProperty.actio n

Mutation Mutation literally means “change”. Whenever there is a change in the possession of
land (and not just change in the ownership), the mutation proceedings start and the name
of the person previously in possession is struck-off and the name of the person now in
possession is replaced.
It is extremely pertinent to note that mutation proceedings and revenue record are not
documents of ownership or title as decided in the case of Malkhan Singh v. Sohan
Singh AIR 1986 SC 500.

Mutation proceedings and specifically khatian are records of possession and not of
ownership.
The reason for mutation is for the purposes of assessment and payment of revenue.
However, all entries in the village map, field book (Khatian) and annual register
(Khatian) prepared are presumed to be true, until the contrary is proved.
 Order No. 644-LR/1A-01/2009, dated Kolkata, the 6th February, See Kolkata Gazette,
Extraordinary, dated 6.02.20091

Simplified Procedure of Mutation

Order No. 644-LR/1A-01/2009, dated Kolkata, the 6th February, [2009].— Whereas it
has been observed by the State Government that there are a considerable number of
mutation cases lying pending for disposal due to various complications involved in
disposing of such cases;

And Whereas the State Government has considered it necessary to simplify the procedure
followed for disposal of mutation cases so that such cases are disposed of expeditiously;

Now, the Governor, after careful consideration of the matter, has been pleased to direct
that the following principle and procedure should be followed for disposal of mutation
cases:

(1) Application for mutation shall be received in the office of the Block Land & Land
Reforms Officer by one or two officials who will be entrusted to do the job by the Block
Land & Land Reforms Officer depending upon the flow of such applications in that office
from time to time. No such application shall be received unless the same is submitted in
the proforma as prescribed below which may be either typed or handwritten with requisite
application fee and process fee along with the following documents:

(a) Photocopy of registered deed of sale or gift or exchange or hebanama or such other
transfer document by virtue of which the plot of land is transferred to the applicant
concerned.

(b) Photocopy of Legal Heir Certificate if the plot of land is transferred by inheritance to
the applicant concerned.

(c) Photocopies of chain of successive registered deeds of sale or gift or exchange or

hebanama or such other transfer documents if the plot of land is transferred to the
applicant concerned from the recorded raiyat after such intermediate transfers.

1 https://www.latestlaws.com/bare-acts/state-acts-rules/west-bengal-state-laws/west-bengal-land-
reforms-act- 1955-2/simplified-procedure-of-mutation/
(d) Photocopy of rent receipt showing the payment of up-to-date revenue and cesses of
the plot of land, in question.

(e) Declaration in the Form prescribed below which may be either typed or hand-written
with court fee stamp of Rs. 10 affixed on it.

(f) Two envelops each with postage stamp worth Rs. 5 affixed on it.

The receiving official shall not refuse to receive the mutation application for failure of
the applicant concerned to submit the copies of chain deeds in respect of the cases where
the plot of land is not transferred directly to the applicant concerned from the recorded
raiyat. In case of inheritance, Legal Heir Certificate from Pradhan of the concerned Gram
Panchayat or Councillor of the concerned Municipality or Municipal Corporation will
also be accepted. Mutation application will be disposed of by the Revenue Officer
attached to the office of the Block Land & Land Reforms Officer who is appointed as
prescribed authority' under section 50 of the West Bengal Land Reforms Act, 1955.

(2) As soon as application is received complete in all respects as stated here in above it
should be properly entered in Register-IX in the office of the Block Land & Land
Reforms Officer and then notices shall be issued utilizing the envelops submitted with
the application to the applicant as well as the transferee concerned from whom the
applicant concerned has got the plot of land transferred in his favour for giving them
hearing specifying the date and time of such hearing. If, however, it is found that there
are other interested parties in respect of the plot of land in question, notices shall also be
issued to all such interested parties for giving them hearing specifying the date and time
of such hearing. If the plot of land is found to be situated within the urban agglomeration
as defined under the Urban Land (Ceiling & Regulation) Act, 1976, a letter should be
issued immediately to the Competent Authority appointed under the provisions of the
said Act requesting them for a report within 30 days whether there is any objection for
mutation as so applied for or not and in case no such report is received within 30 days it
shall be presumed that there is no objection of the Competent Authority for such
mutation. Necessary verification of the records should also be made to ascertain whether
the plot of land is vested or it is a patta land or it is already acquired under the provisions
of any Land Acquisition Act or it comes under the purview of clause (g) of sub-section
(1) read with sub-section (3) of section 6 of the West Bengal Estates Acquisition Act,
1953.
(3) The cases where the plot of land is found to have transferred directly from the
recorded raiyatto the applicant concerned, it may not be necessary to conduct field
inquiry to determine the possession of the plot of land, in question. But such field inquiry
should necessarily be conducted in respect of the cases where the applicant concerned
fails to submit the copies of chain deeds. However, such field inquiry may be conducted
in respect of the cases where the applicant concerned submits the copies of all the chain
deeds only if the Revenue Officer considers it necessary to do the same in a particular
case. Necessary notice should be given to the applicant concerned as well as to the
interested parties, if any, specifying the date and time of such inquiry.

(4) Every application for mutation shall be disposed of by written order either rejecting
such application or allowing mutation within a period of not exceeding 60 days from the
date of receiving such application. The cases where field inquiry is required to be
conducted the application for mutation in such cases shall be disposed of by written order
either rejecting such application or allowing mutation within a period of not exceeding
120 days from the date of receiving such application. When a mutation application has
been rejected the applicant concerned should invariably be informed stating in brief the
ground for such rejection. In case disposal of mutation application cannot be made within
the time limit as specified above, reasons thereof should be recorded in the relevant order
sheet of the case record and onus for not disposing of such application within the
specified time limit will be on the official concerned involved in the process. No case
shall, however, be decided finally without giving hearing to the applicant concerned and
the interested parties, if any. In case of failure of the concerned applicant and the
interested parties to avail the opportunity of hearing for the third time which shall be the
last and final opportunity for them, then the case will be decided by the Revenue Officer
ex parte.

(5) Whenever an order is passed by the Revenue Officer allowing mutation, the record-
of-rights should be corrected on the very day to reflect the mutation and a copy of the
computerized record-of-rights signed by the Revenue Officer as 'prescribed authority'
shall be issued in place of certificate of mutation in respect of the cases where the
concerned mouza has been finally published under the West Bengal Land Reforms Act,
1955. In case mutation is allowed in respect of the plot of land in mouza where revision
of record-of-rights under section 51 of the West Bengal Land Reforms Act, 1955 has
been taken up and it is at the stage of Khanapuri-Bujharat (K.B.) or Attestation, then a
certificate of mutation shall be issued in Form A prescribed below as soon as order is
passed by the Revenue Officer allowing mutation and certified copy of the record-of-
rights shall be issued only when Draft Publication of the mouzaunder the said Act is to
be done. If on receipt of the application for mutation, it is found on verification of the
record-of rights that the name of the applicant concerned has already been incorporated
in K.B. or Attestation stage, the applicant concerned should be informed of the same as
in Form B prescribed below within seven days from the date of receipt of such
application. In case mutation is allowed in respect of the plot of land in a mouza where
K.B. has not yet been taken up, the corrections consequent on mutation order should be
made in the copy of the record-of-rights modified under the West Bengal Estates
Acquisition Act, 1953 and a certificate of mutation shall be issued in Form A prescribed
 below. However, in case mutation is allowed in respect of the plot of land in a mouza
where Draft Publication has been made the record-of-rights so made should be corrected
on the very day to reflect the mutation and a copy of the computerized record-of-rights
signed by the Revenue Officer as 'prescribed authority' shall be issued in place of
certificate of mutation

List of Properties

List of Properties
Gram Panchayat properties - Only Residential Property
- SOCP in Urban Retail is allowed
- Registered Sale deed in the name of
security provider is a must along-
with all prior title documents, as
applicable.
- Mutation Certificate to be in the
name of security provider (LAP)
and seller (HL Resale)
- Non-Transferable property not
allowed.
DIC (District Industrial - Copy of Tripartite Agreement if
Corporation)/West Bengal any
Industrial Corporation - (Copy of Partnership if any)
- Plot Wise Register
- Legal Notice Register
- Approval of Building Plan

- Original allotment Letter, Payment

Receipts, Permission to Mortgage
and Lease Deed issued/ executed
by DIC/ WBIC

- Property if further transferred

through Original sale deed/ gift
deed etc.. the same to be obtained

- Where property is within the same

organization/firm from the date of
allotment and original allottee has
expired, then original amendment
of lease DIC/WBIC to be collected.

Abadi properties - Residential Property only.

- Original Allotment Letter/
Assessment Certificate/ Patta issued
 by Gram Panchayat / Tehsildar for
allotment with name of Current
Owner.
- Certificate for Heirship/ Namantran
and family tree from Tehsildar
required where Property is within
the family and the original allotee
has expired.
- Original Registered Sale deed in the
name of security provider along
with prior title documents.
- Where latest Original Sale Deed/
Gift Deed is a family transaction
both parties to be on loan structure.
- Original NOC to Mortgage from
Tehsildar/Collector/ Sarpanch
required.
- Registered Mortgage in case the
Property has been received by
mortgager through ancestral rights
Bargadar Properties - Should be converted as per form 1
D
- Khatian Number
- Sale Deed
- Encumbrance Certficate

Certain safeguards for [plot of land]

cultivated by bargadars.- [(1) The
provisions of clauses (b) and (c) of sub-
section (4) of section 4 shall not apply
to
the [plot of land] of a raiyat or any part
of it which is cultivated by
a bargadar so long as cultivation by a
bargadar continues.
(2) The right of cultivation of land by
a bargadar shall, subject to the
provisions of this Chapter, be heritable
and shall not be transferable.

(3) The provisions of this Chapter shall

not apply to any person not belonging
to a Scheduled Tribe claiming to be a
bargadar under a raiyat belonging to a
Scheduled Tribe.]
 Raiyat Properties - Should be converted as per form 1
A
- Khatian Number
- Sale Deed
- Encumbrance Certificate
- Mutation
Properties under Municipal - Registered Sale deed in the name
Corporation Security provider along with prior
title deeds, as applicable.

- The title of these properties are

seventy-eighty years old and at
some point of time it is divided
between the family by way of
partition deed or relinquishment
deed or family settlement. Thus the
description of the share of the owner
of the property in the deed cannot be
identified/ confirmed. Entire chain
should be available.

Agricultural Property - The title flow should proper reflect

in record of rights
- If the property is transferred to legal
heir then some Affidavit should
submitted Legal Heirship
Certificate
-

List of Statutory Acts in West- Bengal

a) The Urban Land (Ceiling & Regulations) Act, 1976
b) The West Bengal Land (Requisition and Acquisition) Act, 1948
c) The West Bengal Inland Fisheries Act, 1984
d) East Kolkata Wetlands (Conservation and Management) Act, 2006
e) West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
f) The West Bengal Town and Country (Planning & Development) Act, 1979

Recommendations for Agricultural Land if we consider.

1. It is advisable the details of Mortgagor should match with Khatian and Record of Rights.
2. Mortgagor shall comply with Ceiling Limits as per Land Reforms Act
3. The Lender shall not lend to Raiyat, Bargadar as defined under the act.
 4. If the Agricultural Land is converted into commercial use then form 1A and 1 D should
be complied as per the act.
5. The Mortgagor shall provide the Mutation Certificate where the detai ls of owner is
captured.
6. Mortgagor shall provide No Objection Certificate signed from local authority
7. The Mortgagor shall provide details of all taxes like water , land and property tax receipts for
period of last 10 years or last 5 years.
8. The Mortgagor should provide registered and stamped sale deed for proper title verification of the
property.
9. The Mortgagor’s name should reflect in the Mutation Register and Record OF Rights.
10. If the property is transferred to Legal Heir then it is advisable that Legal Heir should provide
Legal Heirship Certificate which indicates the Family Tree
11. The Mortgagor shall provide a Blanket Indemnity stating that property given for mortgage is free
from Encumbrance, litigation or any sort of lien.

Recommendations for Free Hold Property

1. The Mortgagor shall provide the copy NA order and Permission from Local Authority and
form 1 A and form 1 D complied as per the statutory act if the Agricultural Land converted
into commercial use.
2. Mortgagor shall provide the copy of Registered Sale Deed/Gift Deed/ copy of Will .
3. Lender shall not accept any Properties which crosses the ceiling limit prescribed the govt and if
the property crosses the ceiling limit then customer shall provide respective forms as mentioned
above.
4. If the property is executed in the name of Legal Heir, then copy of Legal Heir certificate shall be
provided.
5. Mortgagor shall provide copy of encumbrance certificate.
6. If the property is in the form of Society, then No Objection Certificate shall be provided by Co-
operative Society.
7. The Mortgagor shall make sure that there shall be entry in Mutation Register to classify the
owner of the property.
8. The Mortgagor shall provide No Objection Certificate and NA order signed from Tahsildar with
respect to said property
9. The Mortgagor shall provide the details of all taxes water tax , land tax and property tax for
period of last 10 years or last 5 years.

Recommendations for Lease Hold Property

1. Mortgagor shall provide the copy of Lease Deed and the lease deed should not have any
restriction on transfer of the property by sale.
2. Mortgagor shall provide sanction plans.
3. Mortgagor shall provide the copy of transactions of Lease Deed made till date.
4. Mortgagor shall provide encumbrance certificate.
5. The Mortgagor shall provide the details of all taxes water tax , land tax and property tax for period of
last 10 years or last 5 years.
6. Mortgagor shall provide details of Registered sale deed/copy of Will /Gift Deed.
7. Mortgagor shall provide indemnity stating that property does not contain any litigations, liens or
8. any restriction in the event of Default.
Legal Due Diligence for Property Located in Special Economic Zone :

• Title Verification: Ensure the property has a clear title with no encumbrances. Verify historical title deeds and
check for any liens or claims.
• Regulatory Compliance: Confirm compliance with SEZ Act and Rules. Ensure all necessary approvals and
permissions from SEZ authorities are obtained.
• Zoning and Land Use: Verify that the land use conforms to the SEZ guidelines and any applicable zoning laws.
• Environmental Clearances: Check for required environmental clearances and compliance with environmental
laws.
• Litigation Check: Review any ongoing or past litigation involving the property or the owning entity.

2. Financial Due Diligence:

• Valuation Reports: Obtain and review independent property valuation reports.

• Financial Statements: Analyze audited financial statements of the company owning the property.
• Debt Obligations: Review existing debt obligations and encumbrances on the property.
• Project Feasibility: Evaluate the feasibility study and cash flow projections for any proposed projects on the
property.
• Funding and Investment: Assess the funding sources and investment plan for the SEZ property.

3. Operational Due Diligence:

• Lease Agreements: Review any existing lease agreements for tenants within the SEZ property.
• Operational Compliance: Ensure compliance with operational guidelines and regulations specific to SEZs.
• Insurance Coverage: Verify that the property has adequate insurance coverage for various risks.

4. Documentation Verification:

• Title Deed and Sale Agreement: Ensure all property transfer documents are in order.
• Allotment Letter and SEZ Approval: Verify the authenticity of these documents from the SEZ authority.
• Land Use Certificate: Confirm permissible land use as per SEZ norms.
• Board Resolutions and Corporate Approvals: Ensure all corporate approvals are in place for the transaction.

5. Stakeholder Verification:

• KYC Documents: Perform KYC checks on the company and key stakeholders involved in the transaction.
• Credit Reports: Obtain credit reports of the company and evaluate creditworthiness.

6. Compliance with RBI Guidelines:

• RBI Approvals: Ensure compliance with any RBI guidelines or circulars relevant to financing SEZ properties.
• Due Diligence Reports: Prepare a comprehensive due diligence report as per RBI requirements.

7. Additional Considerations:

• Tax Compliance: Verify compliance with applicable tax laws, including GST and SEZ-specific tax exemptions.
• Social and Community Impact: Assess the social and community impact of the SEZ property development.
 Title Due Diligence for Tamil Nadu

Record of Rights

Patta
A Patta is a revenue record of a piece of land. It is issued by the
government and is also known as the Record of Rights (ROR). The
Patta includes the Patta number, name of the district, taluk and
village, owner’s name, survey number and subdivision,
wetland/dryland, area of land and tax details.

Chitta This land revenue document contains details about the area, size,
ownership of the property. These details are maintained by the
Village Administration Officer and the nature of land- whether dry or
wetland is mentioned.
Website for checking https://eservices.tn.gov.in/eservicesnew/land/areg.html?lan=en

Mutation details https://eservices.tn.gov.in/eservicesnew/home.html

Nature of Document • Name of the Owner

PATTA and CHITTA • Quantity of Patta
• Sub-division and survey number
• Name of the district, village and taluk of the owner
• Area or dimensions of the land
• Tax details of the owner
• Dry land or wetland details
• Chitta land ownership

Conversion of FORM I Application under rule 3 of the Tamil Nadu Change of Land
Agricultural Land to Non Use (From Agriculture to Non-agriculture Purposes in Non-planning
Agricultural Land Areas) Rules, 2017.

Tamil Nadu Land Ceiling Act

Sr Type of Person Ingredient Standard Acres

Number
1. Family consisting of 15 standard acres
not more than 5
Members

Person or Family For each additional 5 standard acres

member

Over Ceiling area 30 Standard Acres

Additional Stridhana 10 Standard Acres

Land
(Female members
holding land on the date
of commencement of
the
Act)
2. Companies Industrial/Commercial 15 Standard Acres
Undertaking

3. Religious Exempted

Charitable 5 standard Acres

Public Trusts

Hospital As per Norms

Education As per Norms

GRANT OF PERMISSION TO INDUSTRIAL or COMMERCIAL UNDERTAKINGS TO ACQUIRE or

HOLD LAND ACQUIRED IN EXCESS OF CEILING1

1. Permission under section 37-A of the Act to be obtained from the Government.
Application is to be filed in Form 36 prescribed under the rules

2. The High Court in the year 2002 held - prior permission for purchasing the lands is
mandatory

3. Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land
without approval to obtain Government permission

4. Application within 180 days to hold any land acquired in excess of the ceiling area purchased
before 25.11.2010, and within 180 days from the date of purchase of lands acquired after

25.11.2010

5. The following documents should be produced:-

i) Certificate of Incorporation and MoA

ii) Project report

iii) Patta or chitta copy or sale deed document copy
iv) Annual Reports of the company for last 3 years

v) Survey No.-wise land details both within ceiling limit and excess covered u/s 37-A
of the Act

vi) Copies of licenses / permissions / certificates issued by the concerned

authorities for the project

SECTION 37-B

GRANT OF PERMISSION TO EDUCATIONAL INSTITUTIONS AND HOSPITALS RUN

BY PUBLIC TRUST2

1 http://www.landreforms.tn.gov.in/LandReforms.html#Jurisdiction
2 http://www.landreforms.tn.gov.in/LandReforms.html#Jurisdiction
 1. To obtain permission from the Government under section 37-B of the Act. Application is to be
filed in Form 38 prescribed under the rules

2. The High Court in the year 2002 held - prior permission for purchasing the lands is
mandatory

3. Amendment Act 23 of 2010 passed for permitting those who had purchased the excess land
without approval to obtain Government permission

4. Application within 180 days to hold any land acquired after the crucial date (1.3.1972) and
before 25.11.2010, and within 180 days from the date of purchase of lands acquired
after 25.11.2010
5. The following documents should accompany the application::-
I. Trust deed

II. Copies of sale deed, patta copy or chitta copy

III. Audited Balance sheet for the last 3 years

IV. Order of affiliation / approval issued by the competent authority for

running the educational institution

V. Details of land held by the Trust (Survey No. & Extent-wise details)

Authorities

I. Authorised Officer under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Act, 1961, as amended

Sub Collector/Revenue Divisional Officers in the district Authority – (i)

G.O.Ms.No.34, Revenue, dated 14.1.2015

(ii) Notification published in the Tamil Nadu Government Gazette dated

4.3.2015)

II. Assigning Authority under the Tamil Nadu Land Reforms (Disposal of Surplus Land)
Rules, 1965

Sub Collector / Revenue Divisional Officers in the district.

 Authority – (i) G.O.Ms.No.34, Revenue, dated 14.1.2015

(ii) Notification published in the Tamil Nadu Government Gazette dated

4.3.2015)

Performance under Land Reforms

A) Surplus, assigned and number of beneficiaries

A Surplus (from inception to till date) 2,08,442 acres

Lands assigned 1,90,723 acres

from 1964-65 to 2000-01 1,79,678 acres

B from 2001-02 to 2005-06 8,351 acres

from 2006-07 to 2010-11 2,059 acres

from 2011-12 onwards 635 acres

C Number of beneficiaries 1,50,935

D Allotted for public purpose 9,609 acres

e Lands to be allotted (covered by Court proceedings) 8,130 acres

Recommendations for Agricultural Land if we consider.

1. It is advisable the details of Mortgagor should match with Patta and Chitta Record of Rights
and details of the same should match with same.
2. Mortgagor shall comply with Ceiling Limits as per Land Reforms Act.
3. If Agricultural Land is converted into Commercial Use then Form I shall provided
4. The Mortgagor shall provide the Mutation Certificate where the details of owner is
captured.
5. Mortgagor shall provide No Objection Certificate signed from local authority
6. The Mortgagor shall provide details of all taxes like water , land and property tax receipts for
period of last 10 years or last 5 years.
7. The Mortgagor should provide registered and stamped sale deed for proper title verification of the
property.
8. The Mortgagor’s name should reflect in the Mutation Register and Record OF Rights.
9. If the property is transferred to Legal Heir then it is advisable that Legal Heir should
provide Legal Heirship Certificate which indicates the Family Tree
 10. The Mortgagor shall provide a Blanket Indemnity stating that property given for
mortgage is free from Encumbrance, litigation or any sort of lien.
Recommendations for Free Hold Property

1. The Mortgagor shall provide the copy DC conversion certificate or Form A if

the Agricultural Land converted into any other land.
2. Mortgagor shall provide the copy of Registered Sale Deed/Gift Deed/ copy of Will .
3. If Mortgagor goes beyond the ceiling limit then form 36 has to be complied
4. Lender shall not accept any Properties which crosses the ceiling limit prescribed the
govt and if the property crosses the ceiling limit then customer shall provide
respective forms as mentioned above.
5. If the property is executed in the name of Legal Heir, then copy of Legal Heir
certificate shall be provided.
6. Mortgagor shall provide copy of encumbrance certificate.
7. If the property is in the Form of Society, then No Objection Certificate shall be
provided by Co-operative Society.
8. The Mortgagor shall make sure that there shall be entry in Mutation Register to
classify the owner of the property.
9. The Mortgagor shall provide No Objection Certificate and NA order signed from
Tahsildar with respect to said property
10. The Mortgagor shall provide the details of all taxes water tax , land tax and property
tax for period of last 10 years or last 5 years.

Recommendations for Lease Hold Property

1. Mortgagor shall provide the copy of Lease Deed and the lease deed should not
have any restriction on transfer of the property by sale.
2. Mortgagor shall provide sanction plans.
3. Mortgagor shall provide the copy of transactions of Lease Deed made till date.
4. Mortgagor shall provide encumbrance certificate.
5. The Mortgagor shall provide the details of all taxes water tax , land tax and
property tax for period of last 10 years or last 5 years.
6. Mortgagor shall provide details of Registered sale deed/copy of Will /Gift Deed.
7. Mortgagor shall provide indemnity stating that property does not contain
any litigations, liens or any restriction in the event of Default.
 Title Due Diligence for Haryana

Rights of Record

Jamabandi/Fard A Jamabandi/Fard is a term used in India meaning "rights of

records" (ROR) and refers to land records.

Jamabandi/Fard is one of the most important document of land

record / revenue record. It is known by different name like
fard, parcha or many other different names in different areas,
but most common name is Jamabandi.

These records are documents which are maintained for each

village within its Tehsil.

Jamabandi document for land records. Nakal Jamabandi Haryana has

10 columns.
1. Khewat
2. Khatoni
3. Patti
4. Owner details
5. Cultivator details
6. Source of irrigation
7. Filed nos or khasranos
8. Area & type of land
9. Rent paid by cultivator, rate and amount
10. Share or measures of right and rule of bachh

Classification of States into Sr number : Classification Name of Towns

Zones 1. Hyper Urban Area in and around
Gurgaon town including the
These licenses are granted to Urban Areas declared by the
the owners having clear title Government for Gurgaon-
of land in their favour. For the Manesar Urban complex
purpose of granting licences 2. High Potential Zone Faridabad- Ballabgarh
the Department has divided Complex, Panchkula,
the State into different zones Kalka, Pinjore Gual Pahari-
according to their Balola Bandhwari Complex
development potential . in Gurgaon District,
Following is the classification Sonepat-Kundli Urban
of towns into different Complex, Panipat
potential zones:- 3. Medium Potential Karnal, Kurukshetra,
Zone Ambala City, Ambala
Cantt, Yamuna Nagar,
Bahadurgarh, Jagadhari,
Hisar, Rohtak, Ganaur ,
Palwal, Hodal, Rewari,
 Dharuhera-Bawal and Oil
Refinery Panipat
4. Low Potential Zone All the other urban areas in
the State
Grant of Change of Land Use The department grants change of land use permission for residential/
Permission1 industrial/commercial/institutional/farm house/recreational use under
the Punjab Scheduled Roads and Controlled Areas Restriction of
Form CLU-I2 Unregulated Development Act, 1963 and its Rules, 1965.

The applicant desiring to seek permission for change of land use

for residential/ industrial/ commercial/ institutional/ farm house/
recreational use is required to submit his application on prescribed
form CLU-I to Director, as provide under rule 26-A along with
following:-

1. Scrutiny fee @ Rs. 10/- per sq. meters for uses other than
industrial/recreational projects and Rs.2/- per sq. meters for
industrial & recreational use.
2. Copy of deeds showing the title of the applicant
3. A survey plan of the land on a scale of 1 to 40 feet showing
the existing means of access to the said land for the nearest
public road and building and their nature falling within 100
yards of the said land.
4. Shajra Plan.
5. Land Utilization Plan.
6. Potability of water certificate from recognized water-
testing laboratory (for farmhouse).
7. Project report
8. SSI certificate/registration certificate with Industries
Deptt (for Industries)
9. Deputy Commissioner’s recommendation certificate (for
petrol pump and institutional applications)

As provided under rule 26-B, no application under rule-26-A shall

be considered to be valid until a plan and a copy of deed required by
rule 26-A has been furnished to the satisfaction of the Director. In case
of failure of such compliance, the application together with the plan
and copy of deed shall be return to the applicant for resubmission in
accordance with these rules.

As provided under rule 26-C (1) if, after scrutiny of the plan and
other necessary enquiry, which the Director may deem fit, he is
satisfied that the application is fit for the grant of permission, he shall
before granting permission, call upon the applicant to full fill the
conditions laid down in rule-D within a period of thirty days from the
date of notice given to him under a registered cover.

If the applicant fails to fulfill these conditions within the period

specified in sub-rule (1), the permission shall be refused.

As provided under rule-26-E (1), if the applicant has fulfilled all

the conditions laid down in rule 26-D to the satisfaction of the
Director, the Director shall grant the permission.

As provided under rule 26-F, the permission granted under rule-

 26-E shall remain valid for a period of two years from the date of order
during which period all works for putting the said land to the
permitted use shall be completed;
provided that the permission may be renewed up to a further period
of one

1 https://tcpharyana.gov.in/FunctionAndPolicy.html
2 https://tcpharyana.gov.in/FunctionAndPolicy.html
 year if the Director is satisfied that the delay in execution of works
was for reasons beyond the control of the applicant.
Small Motel/Restaurant are Permissible Zone Agriculture Zone along National
allowed in Agriculture Zone Highway with provision of
along National Highway from Service Road and Schedule
1 acre to 3 acre with FAR on Roads
100%. However, Government
has recently approved the Area I) Restaurant: minimum 2000 sq.
policy for the following mtrs. and maximum 1 acre. II)
activities3: - Motel without banquet facilities:
minimum 1 acre and maximum
3 acres. III)Motel with banquet
facilities: minimum 2.5 acres
and maximum 5 acres. IV) 5-star
hotel minimum area: 4 acres and
maximum 15 acres. V) Resort:
minimum 4 acres and maximum
10 acres. VI) Amusement
Park/Theme Park: minimum 2.5
acres maximum 10 acres with
FAR of 50%

Commercial component 15%

Ground coverage Maximum 30%

FAR 150% for the activity mentioned

at Sr. No.(i) to (v) whereas the
FAR for Amusement Park will
be 50%. It is pertinent to
mention here that department
grants 150% to 175% FAR for
the commercial use in the
Urbanizable Zone

Access permission The access permission is

required from NHAI if the site is
located on National Highway,
whereas if the site is located on
scheduled road then the
permission is required from
XEN, PWD B & R.

3 https://tcpharyana.gov.in/FunctionAndPolicy.html
 Scrutiny fee Rs.10/- sq. mtrs

Conversion charges Commercial charges for the

activity mentioned at Sr.No.(i)
to (v) and Recreational charges
for activity mentioned at (vi).
However, the commercial
component of Amusement Park
will be charged at commercial
rates

Miscellaneous Points4
16. Farmhouses and IT units are allowed in conforming zones and
as per policy mentioned in the Zoning Regulations of the
Development Plan.

17. Compositionfee of Rs.2,00,000/- is levied on the applicant,

who has running petrol-pump unauthorisedly .

18. 50% conversion charges are levied on the Food Processing units
located in Industrially Backward.
Website
https://jamabandi.nic.in/land%20records/NakalRecord

Sr
Number

1. The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated

Development Act, 1963.
2. The Haryana Development and Regulation of Urban Areas Act, 1975.

3. The Punjab New (Capital) Periphery Control Act, 1952

4 https://tcpharyana.gov.in/FunctionAndPolicy.html
Properties in Haryana

Gram Panchayat properties - Only Residential Property

- SOCP in Urban Retail is allowed
- Registered Sale deed in the name of
security provider is a must along-
with all prior title documents, as
applicable.
- Mutation Certificate (Namantran
Pramanpatra) to be in the name of
security provider (LAP) and seller
(HL Resale)
- Non-Transferable property not
allowed.
DIC (District Industrial 1. - Original allotment Letter, Payment
Corporation)/Haryana Receipts, Permission to Mortgage
Urban Development and Lease Deed issued/ executed
Authority by DIC/ HUDA

- Property if further transferred

through Original sale deed/ gift
deed etc.. the same to be obtained

- Where property is within the same

organization/firm from the date of
allotment and original allottee has
expired, then original amendment
of lease DIC/AKVN to be
collected.

Abadi properties 1. - Residential Property only.

- Original Allotment Letter/
Assessment Certificate/ Patta
issued by Gram Panchayat /
Tehsildar for allotment with name
of Current Owner.
- Certificate for Heirship/ Namantran
and family tree from Tehsildar
required where Property is within
the family and the original allotee
has expired.
- Original Registered Sale deed in the
name of security provider along
with prior title documents.
 - Where latest Original Sale Deed/
Gift Deed is a family transaction
both parties to be on loan structure.
- Original NOC to Mortgage from
Tehsildar/Collector/ Sarpanch
required.
- Registered Mortgage in case the
Property has been received by
mortgager through ancestral rights
Municipal Corporation - Registered Sale deed in the name
Security provider along with prior
title deeds, as applicable.

- The title of these properties are

seventy-eighty years old and at
some point of time it is divided
between the family by way of
partition deed or relinquishment
deed or family settlement. Thus the
description of the share of the
owner of the property in the deed
cannot be identified/ confirmed.
Entire chain should be available.

HUDA Properties - Original Allotment, Payment

Haryana Urban Receipt, Permission to Mortgage
Development Authority and Lease Deed/ Conveyance
Deed, Letter executed/issued by
BDA/IDA.

- Where Property is further

transferred through Sale Deed/ Gift
Deed/ Partition Deed/
Relinquishment Deed etc., the same
must be obtained.

Authority Allotted Free - PTM to be taken up front in case of

Hold/Lease Hold Property Leasehold Property and same to be
in Haryana / Raj/Punjab verified by RCU team.

Agricultural Property Some of the Properties could be - Conversion Letter issued by

converted under various without sanction Plan. respective Authority.
Laws of the respective
state - If Sanction Plan is not available
than building bye-laws to be
checked with technical report.
Non-converted property - DTCP [Directorate of Town and
outside controlled Area in Country Planning] NOC to be
taken.
Haryana/Punjab with - Lien marking to be done in
DTCP NOC. Revenue Records.
- Valuer to certify that the property is
40 meters away from any national /
state highway to avoid any
acquisition.

- Aks sizra of the Property [Is a

detailed village map that is used for
legal (land ownership) and
administrative purposes. Aks sizra
maps out the village lands into land
parcels and gives each parcel a
unique number. The patwari (or
village accountant) maintains a
record for each one of these parcels
in documents called khasras. Aks-
Shajrah is the copy of the map.]
 Title Due Dilligence for Punjab

Fard Jamabandi Fard Jamabandi is a term used in India meaning "rights of records"
(ROR) and refers to land records.

Jamabandi is one of the most important document of land

record / revenue record. It is known by different name like fard,
parcha or many other different names in different areas, but
most common name is Jamabandi.

These records are documents which are maintained for each

village within its Tehsil.

Jamabandi document for land records. Nakal Jamabandi Haryana has 10

columns.
1. Khewat
2. Khatoni
3. Patti
4. Owner details
5. Cultivator details
6. Source of irrigation
7. Filed nos or khasranos
8. Area & type of land
9. Rent paid by cultivator, rate and amount
10. Share or measures of right and rule of bachh

The chief work of the patwari between the completion of the rabi
girdwari and the beginning of fifth kharif harvest inspection is the
compiling of the jamabandi. It is drawn up in duplicate and ought to
slowly whom the land is held as owner or mortgage at the end of the
agricultural year. All payment of rent and revenue made up to the 15th of
bhado, for which corresponds roughly to the end of august, should be
embodied in it. The copy should be filed in the tahsil by the 7th
September or any subsequent date approved by the director of land
records due to special circumstances, provide such date does not exceed 6
months from 7th September; the other being retained by the patwari

Patwari
A Patwari has three chief duties:

1. Maintaining records of the crops grown at every

harvest.
2. Keeping records of rights up to date by the
punctual record of mutations.
3. The account of preparation of statistical returns
embodying the information derived from the
 harvest inspections, register of mutation and record of
rights

Form for Change of Land Use

http://lgpunjab.gov.in/upload/documentation/5a574d0f96a1eCLU
_letter.pdf
Bhatinda Development (A) Checklist of documents for obtaining Change of land use
Authority1
▪Location map of site showing nearby features and roads to
enable official staff to locate the proposed site of the colony.
▪ Copy of Shajra Plan showing the site duly signed by Patwari.
▪ Proof of ownership:
▪ Fard Jamabandi (Not older than two months)
▪ Copies of sale deeds
▪ Copy of irrevocable consent (Specimen copy at Annexure- III)
if the land belongs to another owner, authorizing the promoter
to obtain CLU and license for the development of colony on a
non judicial stamp paper.
▪ Non encumbrance certificate issued by concerned Tehsildar
(Sub Registrar).
▪ Draft of processing fee Rs.5000/ for first acre and Rs.1000/ for
every subsequent acre as per instructions issued by state govt.
vide memo no.18/65/2005-6hg-2/7102 dated 14.7.2005.
Office Reports required for issue of CLU

▪ District Town Planner’s field report (As per the checklist

appended at Annexure-IV)
▪ Verification report by concerned Tehsildar (As per
checklist appended at Annexure -V.
If documents are in order, demand for conversion charges at
notified rates will be raised immediately.
(C) Processing time for CLU

S.No Name of activity

1. Dispatch of letter for obtaining reports

1 http://bdabathinda.in/en/informationdevelopers-services/permission-for-change-of-land-use
 2. Time for submission of report of DTP

3. Time for submission of report of Tehsildar

Processing of reports and if found o.k. conveying to applicant

4. for the deposit of CLU charges as per notification issued by govt.

5. Issue of permission for CLU

6. Total

Note:

1. Time schedule is valid in case CLU is issued at local level.

2. In case there is difference in actual area as demarcated by
revenue authorities and as recorded in revenue records, then
CLU will be allowed and charges be levied for actual area,
though no legal rights as to ownership will accrue on account of
this

Determination of land ownership.– (a) One acre of irrigated land shall be reckoned as
For the purposes of sections 56-A equivalent to two acres of unirrigated land, provided that in
and 70-A2– calculating the aggregate area of a land-owner the conversion is made
from unirrigated to irrigated land;

(b) land owned by a land-owner shall include all land

owned by him, whether such land is situated wholly within the
Province or partly within and partly outside the Province, except the
following:-

(i) land described in clauses (b), (c) and (d) of

section 56; and

(ii) share in shamlat of a village where the total area of

such shamlat does not exceed 25 acres;

2 http://punjablaws.gov.pk/laws/212.html
 (c) “land owner” shall include a person–
(i) who is an allottee or a grantee of any land under any
scheme of the Government, under which such allotment or grant is to
mature into ownership;

(ii) who has mortgaged his land, or any portion

thereof;

(iii) who has permanent rights and interest in land.]

List of Statutory Acts and Rules

Sr No:
List of Statutory Acts/ Rules

1.
Nazool Land (Transfer) Rules 1956

2. Punjab Land Revenue Act

3. Punjab Regional and Town Planning Development Act

 List of any specific Properties
The procedure for the same
Punjab Regional and Town
The Owner / Developer of an agriculture land / vacant
Planning Development Act3
undeveloped areas within Municipal Limits has to obtain
permission u/s 81 of the PRTPD Act, 1995 for conversion of land
use from agriculture land / vacant undeveloped area to the
prescribed use (residential, commercial, institutional, industrial
etc) conforming to the Master Plan provisions, in such form and
containing such particulars and accompanied by such documents,
plans & fee as prescribed by the Local Government Department
from time to time.
After obtaining CLU:-
(i) In case the land is to be developed into a scheme /
layout plan, the Owner / Developer shall obtain
permission / approval of the scheme / layout plan
from the concerned Authority under the applicable
Acts (PMC Act 1976, PM Act 1911, PTI Act
1922, PAPR Act
etc.) and payment of charges / fees as
prescribed by the Local Government
Department from time to time.
(ii) (ii) In case the land is to be developed into a stand
alone project in the form of a building / buildings,
(i.e. for Group Housing, Commercial, Institutional,
Industrial, Multiplexes, Cinema, Marriage Palaces,
Hospitals, Nursing Homes etc) the Owner /
Developer shall obtain permission / approval of
building plans in accordance with the procedure and
on payment of fee / charges as applicable and
prescribed by the Local Government Department
from time to time.
b) To change the existing use of properties / plots in the already
developed built up non-scheme areas, to the use permissible in the
Master Plan:- In the already developed built up non-scheme areas,
the CLU u/s 81 of the PRTPD Act, 1995 will not be required for
erection / re-erection of residential buildings and for re-erection of
buildings for same use (i.e. commercial, industrial, institutional
buildings etc) on the same existing plot, provided the same

3 http://lgpunjab.gov.in/upload/documentation/5a574d0f96a1eCLU_letter.pdf
is permissible and is in-accordance with the Master Plan provisions
However, to change the existing use of a property / plot in the
already developed built up non-scheme areas, to the use which
may otherwise be permissible in the Master Plan, the owner of
the property / plot shall obtain permission u/s 81 of the PRTPD
Act, 1995 from the Competent Authority as per the prescribed
procedure and on payment of fee prescribed from time to time.
c) To change the use of residential plots to commercial in the
already executed scheme areas as per policy of 2006 within the
framework of Master Plan:- The change of land use of residential
plots to commercial in executed scheme areas, on the streets /
roads already declared commercial by the Department of Local
Government, Punjab and as such permissible for allowing
commercial use as per the Master Plan, will be permitted by the
Commissioner of the concerned Municipal Corporation on an
application / request of the residential plot holder abutting on
such streets / roads & subject to payment of conversion charges
as prescribed in the Policy of 2006 or as amended from time to
time, after amendment in the scheme is approved by the Govt.
under the provisions of the concerned Act (i.e. TP Schemes under
Punjab Municipal Corporation Act 1976 and Development
Schemes under Punjab Town Improvement Act, 1922) as per the
Policy of Department of Local Government, within the
framework of Master Plan
 Govt Properties
Policy of Government Properties

Nazool Land4
A. Definition : Land escheated to the state government
under section 29 of The Hindu Succession Act 1956.

B. Rules / Instructions : Nazool Land (Transfer) Rules 1956 FCR

Standing Order No. 28

Memo 14/26/81-LR-III/1716 dated 20/2/1984 Memo

14/26/81-LR-III/9324 dated 4/9/1984 Memo 26/59/85-

LR-III/11543 dated 29/8/1985 Memo 26/60/98-LR-

III/5584 dated 23/8/2001

C. Methods of Disposal: For the purpose of disposal the

nazool land can be divided into 5 categories:

1. TRANSFER OF RURAL NAZOOL LAND TO SC/BC

MEMBERS

2. TRANSFER OF RURAL NAZOOL LAND TO SC CO-

OPERATIVE SOCIETY

3. SALE OF RURAL NAZOOL LAND IN RESTRICTED

AUCTION

4. NAZOOL HOUSES/HOUSE SITES

5. URBAN NAZOOL LAND ON WHICH PUCCA
CONSTRUCTION RAISE

6. URBAN/SUB-URBAN NAZOOL LANDS

1. TRANSFER OF RURAL NAZOOL LAND TO
SC/BC MEMBERS

4 https://revenue.punjab.gov.in/?q=nazool-land
 • Rules/Instructions – Rule 3 (a), 3 (b) – Nazool Land
Rules.

• Category – Rural Nazool Land less than 10 acre in a

village. Rural Nazool land more than 10acres but no SC
Cooperative Society has been formed before 16/5/64.

• Mode of disposal – Allotment to members of scheduled

caste of the village who are lessees of the land. May also
be allotted to members of BC if the Nazool Land is
under their self-cultivation.

• Eligibility – SC/BC members who are lessees of the

land.

• Maximum area that can be allotted – 3 acres irrigated or

6 acres un-irrigated or 9 acres Banjar including the own
land holding of the allottee. (Rule 3 (a))

• Officer competent to transfer the land – District

Collector (Rule – 10)

• Alienation – No alienation and the land will go only in

inheritance. (Rule-7)

• Fixation of Price - 90 times the land revenue or Rs. 200

per acre which ever is less. (Rule 8)

• Recovery: The amount will be recovered in 20 equal 6

monthly installments. (Rule –9).

• Penalty for non payment – Can be recovered as arrears

of land revenue (Rule –9 A(i)). Allotment may be
cancelled for default of 2 installments (Rule 9-A (ii)).

• Remarks– Conveyance deed to be issued after deposit of

all the installments. (Rule-11).

2. TRANSFER OF RURAL NAZOOL LAND TO SC CO-

OPERATIVE SOCIETY

• Rules/Instructions – Rule 3 (b) Nazool Land Rules.

• Category – Rural Nazool Land more than or equal to

10 acre and where SC Cooperative Society was
formed before 16/5/64.
 • Mode of disposal – To SC Cooperative Societies formed
before 16-5-64 --,Individual SC members (Rule 3 (b).

• Eligibility – SC Cooperative Society/SC Members (Rule

3(b)).

• Maximum area that can be allotted – Number of

members x (Eligibility of each member – 3 acre
irrigated or 6 acre un-irrigated or 9 acre Banjar
including their own land holding) (Rule (5))

• Officer competent to transfer the land – District

Collector (Rule – 10)

• Alienation – No alienation and the land will go only in

inheritance. (Rule-7)

• Fixation of Price - 90 times the land revenue or Rs. 200

per acre which ever is less. (Rule 8)

• Recovery: The amount will be recovered in 20 equal 6

monthly installments. (Rule –9).

• Penalty for non payment – Can be recovered as arrears

of land revenue (Rule –9A(i)). Allotment may be
cancelled by the DC for default of 2 installments (Rule
9-A (ii)).

• Remarks– Conveyance deed to be issued after deposit of

all the installments. (Rule-11).

3. SALE OF RURAL NAZOOL LAND IN

RESTRICTED AUCTION

• Rules/Instructions – Rule 3 (d) Nazool Land Rules,

instructions dated 4/9/1984.

• Category – Rural Nazool Land which can not be allotted

as per Rule –3 (a),(b),(c)

• Mode of disposal – Restricted Auction among the SCs

of the village/Patwar Circle/Kanungo Circle (Rule 3(d),
(e))

• Eligibility – SC members.

• Maximum area that can be allotted – 10 acres including

the own land holding (Rule 3(d))
 • Officer competent to transfer the land – State
Government (Para 2, instructions dated 4/9/84). DC to
issue the sale certificate after full payment (Para – 9(i)
Instructions dated 4/9/84)

• Alienation – No alienation to Non-SC members for 20

years (Para 8(i) Instructions dated 4/9/84). No
cultivation by Non-SC. DC to cancel the sale for broach
of terms & conditions. Para 8(ii) (iii) of instructions
dated 4/9/84.

• Fixation of Price – Reserve Price will be 75% of the

market price to be determined by DC if the price worked
out is less than or equal to Rs. 10 lac, when it exceeds
Rs. 10 lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by
the Financial Commissioner Revenue. (Para 3 (i) (ii) of
instructions dated 4/9/84)

• Recovery: 5 % of the bid at the time of bid and

remaining 95 % will be recovered in 20 equal 6 monthly
installments with 10 % interest (Rule –9, Para 3
(ix),(xiii), (xv) instructions dated 4/9/84)

• Penalty for non payment – Penal interest at the rate of

3½ % for not depositing the installments. DC to cancel
the allotment if arrears are not cleared by the 7th
installment. (Para 3 (xv) of instructions dated 4/9/84).

• Remarks– (i) ADC/SDM to supervise the auction. (Para

–3 (vi) of instructions dated 4/9/84)

(ii) 5 % of the bid to be deposited at the time of bid (Para 3

(ix) of instructions dated 4/9/84)

(iii) DC to put the bidder to possession after deposit of first

installment. (Rule 11 A (1) Nazool Rules, Para 9(i) of
instructions dated 4/9/84)

(iv) The Sale Certificate conferring the P rights shall be issued

on completion of payment of all the installments by the DC.
(Rule 11A (1) of Nazool Rules, para 9(i) of instructions dated
4/9/84)

(v) Conveyance deed to be registered and mutation to be

sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84)
 4. NAZOOL HOUSES/HOUSE SITES
• Rules/Instructions – Rule 15 of Nazool Land Rules.

• Category – Rural Nazool House/House Site.

• Mode of disposal – To persons/institutions as decided by

the Government on the recommendations of DC.

• Eligibility – As decided by the State Government.

• Maximum area that can be allotted – State

Government to decide on case to case basis.

• Officer competent to transfer the land – State

Government.

• Alienation – State Government to decide.

• Fixation of Price – Average market value locality and

as finalised by the State Government.

• Recovery: State Government to decide.

• Penalty for non payment – State Government to

decide

• Remarks – ---

5. URBAN NAZOOL LAND ON WHICH PUCCA

CONSTRUCTION RAISE

TRANSFER OF URBAN GOVERNMENT NAZOOL /

EVACUEE / INFERIOR EVACUEE LAND ON WHICH
PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE
1/1/1996.

1. Rules / Instructions: Govt. instruction dated 23/8/2001.

2. Category: - Land of any type i.e. Government, Nazool,
Evacuee and Inferior Evacuee.

-Pucca construction raised before 1/1/1996 and continuous

possession since then.

-Situated within MC limit, (Para 2 of instructions dated

23/8/2001)
 3. Mode of disposal- Transfer to unauthorised occupant (Para
2 of instructions dated 23/8/2001).

4. Eligibility: - -Pucca construction raised before 1/1/996 (Para

2 of instructions dated 23/8/2001).

-Continuous possession since 1/1/1996 (Para 2 of

instructions dated 23/8/2001)

-Submitted application by 23/10/2001 (Para 9 of

instructions dated 23/8/2001)

-Only one property can be transferred (Para 3 of instructions dated

23/8/2001)

5. Maximum area that can be allotted: -No restriction (Para

4 of instructions dated 23/8/2001)

6. Officer competent to transfer the property: - Tahsildar to

recommend and SDM to allot the land. Appeal to Deputy
Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)

7. Alienation: - No restriction (Para 14, 15 of instructions dated

23/8/2001).

8. Rate and price fixation: The following rate to be charged:

Area – A

A £ 5 Marla

5 Marla < A £ 10 Marla

10 Marla < A £ 1 Kanal

1 Kanal < A

(Para 4 of instructions dated 23/8/2001)

The market rate of the land will be determined by a committee
headed by Deputy Commissioner. (Para 5 of instructions dated
23/8/2001)

9. Recovery: - ¼ of price within 1 month of offer of allotment.

- ¾ of price 10 six monthly instalments (Para 6 of instructions

dated

23/8/2001).

10. Penalty of non payment: - No allotment.

11. Remarks : (1) Pucca construction and continuous possession

to be supported by Electricity, Water Bill etc. (Para 2 of
instructions dated 23/8/2001)

(2)P-Rights to be given and registered after recovery of full

price.(Para 14, 15 of instructions dated 23/8/2001)

Last date of applications – Dated 23/10/2001 (Para 9 of

instructions dated 23/8/2001).

6. URBAN AND SUB URBAN NAZOOL LAND

1. There are three ways of disposal of Nazool Lands situated

within MC limits or within 2 miles of MC limits:

2. Before the land in Urban or Sub-Urban areas is sold by open

auction, it needs to be carefully examined whether the land is
required by any Government Department, Municipal Council and
Improvement Trust, PSUs for any public purpose immediately or
in the near future. In order to ensure that Government land is
disposed of with proper care a committee headed by DC is
constituted to determine whether any particular piece of land is
required for the purpose of any Government Department or for
providing civic amenities in the municipal areas. Only the land
which according to this committee is not required for any such
purposes and is not likely to be so required in future may be
disposed of in public auction (Para 11 instructions dated
20/2/84).

A. TRANSFER TO OTHER DEPARTMENTS:

 (ii) Market rate from central government departments and
departments of colonisation, irrigation and power of Punjab
Government. (Para 2.2, 6A-1, 6A-2 of FCR SO 28)

(iii) The current market price to be determined by DC if the

price worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by the
Financial Commissioner Revenue. (Para 3 (i) (ii) of instructions
dated 4/9/84).

(ii) Urban Nazool lands which were given to MCs for

management by the Revenue Department can be transferred to
them at 50% of the market rate. (Para 19 of instructions dated
23/8/2001)

(ii) DC to put the bidder to possession after deposit of full

payment first installment. (Para 3 (xiii), 9 (i) of instructions
dated 4/9/84).

(iii) The Sale Certificate conferring the P rights shall be issued

on full payment (Para 9 (i) of instructions dated 4/9/84).

(iv) Conveyance deed to be registered and mutation to be

sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).

(v) District Collector can be approached for setting aside the

auction and sale. (Para 5 of instructions dated 4/9/84)

A. Transfer to other departments

B. Transfer to MC/PSUs
C. Open Auction

D. Rules/Instructions – Instructions dated 20/2/84 and

4/9/84, FCR SO 28.

E. Category –Nazool Lands situated within municipal

limits or within 2 miles from the municipal limits.

F. Mode of disposal – Retain the land for Revenue

Department if it is required. If not required then transfer
it to the other department for whose scheme it is
required. (Para 8(a) of instructions 20/2/84, para 3A of
FCR SO 28)

G. Eligibility – All departments.

H. Maximum area that can be allotted – No restriction.
I. Officer competent to transfer the land –FCR : if no
objection from the either department.- CMM/CM: in case
of dispute/objection and in case land is being transferred
free of cost to departments from whom payment should
be taken. (Para 6 of FCR SO 28)

J. Alienation – No restrictions.
K. Fixation of Price – (i) Land will be transferred free of
cost to the Punjab government departments (except the
departments of colonization, irrigation, power)

L. Recovery: Debit/Credit, Cash Payment (Para 6, 6A- 3, of

FCR SO 28)

M. Penalty for non payment –

N. Remarks– DC to submit a self contained proposal to
FCR (Para 13 of instructions dated 20/2/84, Para 3- A-1
of FCR SO 28)

O. B TRANSFER TO MC/PSUs
P. Rules/Instructions – Instructions dated 20/2/84, 4/9/84,
FCR SO 28.

Q. Category –Nazool Lands situated within municipal

limits or within 2 miles from the municipal limits.

R. Mode of disposal – Transfer to MCs, Improvement

Trusts and PSUs (Para 8(b) of instructions 20/2/84, para
3A(b) of FCR SO 28).

S. Eligibility – All PSUs, MCs/ITs etc.

T. Maximum area that can be allotted – No restriction.
U. Officer competent to transfer the land –FCR : if no
objection from the either department and payment is
being made. -CMM/CM : in case the land is being
transferred free of cost and if there is any
dispute/objection. (Para 6 of FCR SO 28)

V. Alienation – No restrictions.
W. Fixation of Price – (i) - At the current market price to be
determined by DC if the price worked out is
 less than or equal to Rs. 10 lac, when it exceeds Rs. 10
lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by
the Financial Commissioner Revenue. (Para 8(b) of
instructions dated 20/2/84, Para 3 (i) (ii) of instructions
dated 4/9/84, Para 3A(b) of FCR SO 28).

X. Recovery: Lump-sum through Cheque/Draft

Y. Penalty for non payment –

Z. Remarks– DC to submit a self contained proposal to

FCR (Para 13 of instructions dated 20/2/84, para 3A- 1 of
FCR SO 28)

AA. C OPEN AUCTION

BB. Rules/Instructions – Instructions dated 20/2/84,

4/9/84 and 29/8/85, FCR SO 28

CC. Category –Nazool Lands situated within

municipal limits or within 2 miles from the municipal
limits.

DD. Mode of disposal – Open auction (Para 8 (c) of

instructions 20/2/84, 3A(c) of FCR SO 28).

EE.Eligibility – If land is not required by the Government

Departments, MCs, PSUs (Para 8, 11 of instructions
dated 20/2/84, 3A(c) of FCR SO 28).

FF. Maximum area that can be allotted – No restriction.

GG. Officer competent to transfer the land –
Approval of FCR required before putting the land to
auction (instruction dated 29/8/85). State Government to
approve the auction. (Para 2 of instructions dated
4/9/84)

HH. Alienation – No restrictions.

II. Fixation of Price – Reserve Price to be the current

market price to be determined by DC if the price worked
out is less than or equal to Rs. 10 lac, when it exceeds
Rs. 10 lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs.
50 lac then by the Financial Commissioner Revenue.
(Para 3 (i) of instructions dated 4/9/84, para 8(c) of
 instructions dated 20/2/84 and para 3A(c) of FCR SO
28)

JJ. Recovery: 25 % at the time of bid ( Para 3 (ix) of

instructions dated 4/9/84), remaining 75 % within 15
days of acceptance of bid. (Para 3 (xiii) of instructions
dated 4/9/84)

KK. Penalty for non payment – If full payment is not

received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of
instructions dated 4/9/84).

LL.Remarks– (i) ADC/SDM to supervise the auction. (Para

–3 (vi) of instructions dated 4/9/84)

Provincial Govt Land A. Instructions /Rules : Memo No. 14/26/81-LR-

3/1716, dated 20/2/1984
Memo No. 14/26/81-LR-3/9324, dated 4/9/1984 Memo
No. 26/59/85-LR-III/11543 dated 29/8/1985 FCR’s
Standing Order No. 28
Memo No. 26/60/98-LR-III/5584 dated 23/8/2001
B. Methods of Disposal: The Provincial
Government Land can be divided into three
categories for the purpose of disposal:
1. RURAL PROVINCIAL GOVERNMENT
LANDS
2. URBAN PROVINCIAL GOVT LANDS ON
WHICH PUCCA CONSTRUCTION RAISED
3. URBAN/SUB-URBAN PROVINCIAL
GOVERNMENT LANDS
4. LAND ACQUIRED BY GOVERNMENT FOR
PUBLIC PURPOSES BUT THEREAFTER
SURRENDERED
1. RURAL PROVINCIAL GOVERNMENT
LANDS
The provincial government land situated in rural areas i.e.
lands situated beyond 2 miles from the limits of
municipal areas should be disposed of in
the following manner:
 A. Transfer to Forest/Horticulture Department
• Transfer to Gallantry Award Winners
• Open Auction
A TRANSFER TO FOREST/HORTICULTURE
DEPARTMENT:

• Rules/Instructions – Instructions dated 20/2/84,

FCR SO 28
• Category – Provincial government lands situated in
rural areas i.e. lands situated beyond 2 miles of MC
limits.(Para 10 of instructions dated 20/2/84)
• Mode of disposal – Transfer to Forest/Horticulture
Department. (Para 10(a),13 of instructions dated
20/2/84)
• Eligibility – Forest/Horticulture Dept. (Para 10(a) of
instructions 20/2/84)
• Maximum area that can be allotted – No limit.
• Officer competent to transfer the land –FCR: (Para 13
of 20/2/84 and para 6 of FCR SO 28)
• Alienation –
• Fixation of Price – Free of Cost (Para 6A-1 FCR SO
28)
• Recovery: N.A.
• Penalty for non payment – N.A.
• Remarks– DC to submit a self-contained proposal to
FCR for his orders (Para 13 of instructions dated
20/2/84).
B. TRANSFER TO GALLANTRY AWARD
WINNERS:
• Rules/Instructions – Instructions dated 20/2/84.
• Category – Provincial government land in rural
areas i.e. lands situated beyond 2 miles from the MC
limits. (Para 10(a) of 20/2/84)
• Mode of disposal – Transfer to Gallantry Award
Winners (Para 10 (b) instructions dated 20/2/84)
• Eligibility – Recipient of Mahavir Chakra or Vir
Chakra (Para 10(b) of instructions dated 20/2/84)
• Maximum area that can be allotted – 5 acre for Vir
Chakra and 10 acres for Mahavir Chakra. (Para 10(a)
of instructions dated 20/2/84).
• Officer competent to transfer the land –FCR
• Alienation – Not specified.
• Fixation of Price – Free of cost (Para 10(b) of
instructions dated 20/2/84)
• Recovery: NA
• Penalty for non payment – NA
• Remarks– --
C. OPEN AUCTION:
• Rules/Instructions – Instructions dated 20/2/84,
4/9/84 and 29/8/85
• Category – Provincial government land in rural areas
i.e. lands situated beyond 2 miles of MC limits which
remain un-allotted (Para 10, 10(c) of instructions
dated 20/2/84)
• Mode of disposal – Open auction (Para 10 (c) of
instructions 20/2/84).
Prior approval of FCR (Instructions dated 29/8/85)
• Eligibility – Open auction.
• Maximum area that can be allotted – Not specified.
• Officer competent to transfer the land –Approval of
FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to
approve the auction. (Para 2 of instructions dated
4/9/84).
• Alienation – No restrictions.
• Fixation of Price – Reserve price will be the current
market price to be determined by DC if the price
worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the
Divisional Commissioner and when it exceeds Rs. 50
lac then by the Financial Commissioner Revenue. (Para
3 (i) of instructions dated 4/9/84, para 10(c) of
instructions dated 20/2/84)
• Recovery: 25 % at the time of bid (Para 3 (ix) of
instructions dated 4/9/84), remaining 75 % within 15
days of acceptance of bid. (Para 3 (xiii) of
instructions dated 4/9/84)
• Penalty for non payment – If full payment is not
received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of
instructions dated 4/9/84).
• Remarks– (i) ADC/SDM to supervise the auction.
(Para –3 (vi) of instructions dated 4/9/84)
(ii) DC to put the bidder to possession after deposit of
full payment, (Para 3 (xiii), 9 (i) of instructions dated
4/9/84).
(iii) The Sale Certificate conferring the P rights
shall be issued on full payment (Para 9 (i) of instructions
dated 4/9/84).
(iv) Conveyance deed to be registered and mutation to
be sanctioned. (Para 9 (ii) (iii) of instructions dated
4/9/84).
(v) District Collector can be approached for setting
aside the auction and sale. (Para 5 of instructions dated
4/9/84)
2. URBAN NAZOOL LAND ON WHICH PUCCA
CONSTRUCTION RAISE TRANSFER OF
URBAN GOVERNMENT NAZOOL / EVACUEE /
INFERIOR EVACUEE LAND ON WHICH
PUCCA CONSTRUCTION HAS BEEN RAISED
BEFORE 1/1/1996.
1. Rules / Instructions: Govt. instruction dated
23/8/2001.
2. Category: - Land of any type i.e. Government,
Nazool, Evacuee and Inferior Evacuee.
-Pucca construction raised before 1/1/1996 and
continuous possession since then.
-Situated within MC limit, (Para 2 of instructions dated
23/8/2001)
3. Mode of disposal- Transfer to unauthorised
occupant (Para 2 of instructions dated 23/8/2001).
5.Eligibility: - -Pucca construction raised before 1/1/996
(Para 2 of instructions dated 23/8/2001).
-Continuous possession since 1/1/1996 (Para 2 of
instructions dated 23/8/2001)
-Submitted application by 23/10/2001 (Para 9 of
instructions dated 23/8/2001)
-Only one property can be transferred (Para 3 of
instructions dated 23/8/2001)
5. Maximum area that can be allotted: -No restriction
(Para 4 of instructions dated 23/8/2001)
6. Officer competent to transfer the property: -
Tahsildar to recommend and SDM to allot the land.
Appeal to Deputy Commissioner ( Para 7, 8, 13 of
instructions dated 23/8/2001)
7. Alienation: - No restriction (Para 14, 15 of
instructions dated 23/8/2001).
8. Rate and price fixation: The following rate to be
charged:

Area – A

A £ 5 Marla

5 Marla < A £ 10 Marla

10 Marla < A £ 1 Kanal

1 Kanal < A

(Para 4 of instructions dated 23/8/2001)

The market rate of the land will be determined by a
committee headed by Deputy Commissioner. (Para 5 of
instructions dated 23/8/2001)
9. Recovery: - ¼ of price within 1 month of offer of
allotment.
- ¾ of price 10 six monthly instalments (Para 6 of
instructions dated
23/8/2001).
10. Penalty of non payment: - No allotment.
11. Remarks : (1) Pucca construction and
continuous possession to be supported by Electricity,
Water Bill etc. (Para 2 of instructions dated
23/8/2001)
(3)P-Rights to be given and registered after recovery
of full price.(Para 14, 15 of instructions dated
23/8/2001)
Last date of applications – Dated 23/10/2001 (Para 9
of instructions dated 23/8/2001).
3. URBAN / SUB URBAN GOVERNMENT LAND
1. The provincial government land situated in urban
areas i.e. land within the municipal limits and upto 2
miles beyond these limits shall be disposed of in the
following manner :
A. Transfer to other departments
 B. Transfer to MC/PSUs
C. Open Auction
2. Before the land in Urban or Sub-Urban areas is sold
by open auction, it needs to be carefully examined
whether the land is required by any Government
Department, Municipal Council and Improvement
Trust, PSUs for any public purpose immediately or in
the near future. In order to ensure that Government land
is disposed of with proper care a committee headed by
DC is constituted to determine whether any particular
piece of land is required for the purpose of any
Government Department or for providing civic
amenities in the municipal areas. Only the land which
according to this committee is not required for any such
purposes and is not likely to be so required in future may
be disposed of in public auction (Para 11 instructions
dated 20/2/84).
A. TRANSFER TO OTHER DEPARTMENTS:
• Rules/Instructions – Instructions dated 20/2/84 and
4/9/84
• Category – Urban and sub-urban provincial
government lands i.e. land situated within
municipal limits or within 2 miles from the
municipal limits.
• Mode of disposal – Retain the land for Revenue
Department if it is required. If not required then
transfer it to the other department for whose scheme
it is required. (Para 9,8 (a) of instructions 20/2/84).
• Eligibility – All departments.
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –FCR : if no
objection from the either department. -CMM/CM : in
case of dispute/objection and in case land is being
transferred free of cost to departments from whom
payment should be taken. (Para 6 of FCR SO 28)
• Alienation – No restrictions.
• Fixation of Price – (i) Land will be transferred free of
cost to the Punjab government departments (except the
departments of colonization, irrigation,
power)
 (ii) Market rate from central government departments
and departments of colonisation, irrigation and power
of Punjab government. (Para 2.2, 6A-1, 6A-2 of FCR
SO 28)
(iii) The current market price to be determined by DC
if the price worked out is less than or equal to Rs. 10
lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac
by the Divisional Commissioner and when it exceeds
Rs. 50 lac then by the Financial Commissioner
Revenue. (Para 3 (i) (ii) of instructions dated 4/9/84).
• Recovery: Debit/Credit, Cash Payment (Para 6A-3, of
FCR SO 28)
• Penalty for non payment – NA
• Remarks– DC to submit a self contained proposal to
FCR (Para 13 of instructions dated 20/2/84, Para 3-A-1
of FCR SO 28)
B TRANSFER TO MC/PSUs
• Rules/Instructions – Instructions dated 20/2/84 and
4/9/84, FCR SO 28
• Category – Urban and sub-urban provincial
government lands situated within municipal limits or
within 2 miles from the municipal limits.
• Mode of disposal – Transfer to MCs, Improvement
Trusts and PSUs (Para 8 (a) (b) of instructions
20/2084).
• Eligibility – All PSUs, MCs, ITs etc.
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –FCR : if no
objection from the either department and payment is
being made. -CMM/CM : in case of dispute/objection
and in case land is being transferred free of cost and if
there is any dispute. (Para 6 of FCR SO 28)
• Alienation – No restrictions.
• Fixation of Price – The price will be the current market
price to be determined by DC if the price worked out is
less than or equal to Rs. 10 lac, when it exceeds Rs. 10
lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by
the Financial Commissioner Revenue. (Para 3 (i) of
instructions dated 4/9/84).
• Recovery: Lump-sum through Cheque/Draft
• Penalty for non payment – NA
• Remarks– DC to submit a self contained proposal to
FCR (Para 13 of instructions dated 20/2/84, Para 3-A-1
of FCR SO 28)
C OPEN AUCTION
• Rules/Instructions – Instructions dated 20/2/84,
4/9/84 and 29/8/85, FCR SO 28)
• Category – Urban and sub-urban provincial
government lands situated within municipal limits or
within 2 miles from the municipal limits.
• Mode of disposal – Open auction (Para 8 (c) of
instructions 20/2/84).
• Eligibility – If land is not required by the Government
Departments, MCs, PSUs (Para 8 (c), 11 of instructions
dated 20/2/84).
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –Approval of
FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to
approve the auction. (Para 2 of instructions dated
4/9/84).
• Alienation – No restrictions.
• Fixation of Price – Reserve Price will be the current
market price to be determined by DC if the price
worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the
Divisional Commissioner and when it exceeds Rs. 50
lac then by the Financial Commissioner Revenue. (Para
3 (i) of instructions dated 4/9/84, para 8(c) of
instructions dated 20/2/84).
• Recovery: 25 % at the time of bid (Para 3 (ix) of
instructions dated 4/9/84), remaining 75 % within 15
days of acceptance of bid. (Para 3 (xiii) of
instructions dated 4/9/84)
• Penalty for non payment – If full payment is not
received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of
instructions dated 4/9/84).
• Remarks– (i) ADC/SDM to supervise the auction.
(Para –3 (vi) of instructions dated 4/9/84)
(ii) DC to put the bidder to possession after deposit
of full payment, (Para 3 (xiii), 9 (i) of instructions dated
4/9/84).
(iii) The Sale Certificate conferring the P rights
shall be issued on full payment (Para 9 (i) of
instructions dated 4/9/84).
(iv) Conveyance deed to be registered and mutation to
be sanctioned. (Para 9 (ii) (iii) of instructions dated
4/9/84).
(v) District Collector can be approached for setting
aside the auction and the sale. (Para 5 of instructions
dated 4/9/84)
4. LAND ACQUIRED BY GOVERNMENT FOR
PUBLIC PURPOSES BUT THEREAFTER
SURRENDERED
Lands which were acquired by the government for some
public purposes and if it is not required for some reason,
such lands can be used for some other public purpose or
will be sold.
A. USE FOR OTHER PUBLIC PURPOSE:
(Para 87-A of SO 28) If the land in question is no longer
required for the purpose for it was originally acquired
then it can be used for another public purpose. It is a
settled law that the land acquired for public purpose can
be transferred to another public purpose. Paramount
consideration will be service of the public purpose. The
owner of the land can not claim that if the purpose is to
be changed, the property should be returned to him.
B. SALE OF ACQUIRED LAND : (Para 87-A of
SO 28) If the acquired land is not to be used for any
other public purpose then it will be sold. If the land is
agricultural and situated outside of the MC limits then
the first preference will be given to the owners. No
specific procedure has been prescribed for sale of such
land and therefore the procedure prescribed for open
auction of provincial government lands should be
followed as discussed in above paras. The land which
has been acquired by the government is provincial
government land and therefore, it is to be disposed of by
transfer to other departments or by sale through open
auction.
The land can be sold either in open auction or
 through tenders. The department by which the land is
surrendered will be given an opportunity to comment
upon any bid or tender before it is accepted (Para 88).
The sums realized will be credited to the department
for which the land was acquired (See para 1C, 2C
above) regarding open auction.
C. RESTORATION TO ORIGINAL LAND
OWNERS : Para 87 of SO 28 under which there was
provision for restoration of acquired lands to the
original land owners stands deleted vide notification
dated 13/3/2000.

Inferior Evacuee Land A.Definition: Land purchased by Punjab Government from

Central Government in the year 1960. This land is recorded in the
ownership of provincial government (rehabilitation department)
in the jamabandis. The disposal of this land is not covered under
the Package Deal Property Act/Rules. (Instruction No.
2(205)/Policy-Part-III/G-5/7686-7737 dated 16/3/79).
B.Instructions :
Memo No. 841/JN(IV)-61/3699 dated 29/8/61 Memo
No.3/7/1978LR-I/14529, dated 10/7/1979 Memo No.
3/7/78-LR-I(IV)/7899 dated 5/6/1981 Memo No.
14/26/81-LR-3/1716, dated 20/2/1984 Memo No.
14/26/81-LR-3/9324, dated 4/9/1984 Memo No.3/1/84-
LR-I/10920 dated 17/6/1988 Memo No. 3/1/84-LR-
I/15245 dated 22/8/1988 Memo No. 3/1/84-LR-3/8834,
dated 24/12/1993 Memo No. 3/3/97-LR-3/2857, dated
17/4/1997 Memo No. 3/3/97 LR-III/4753 dated 11/7/97
Memo No. 3/3/97-LR-III/11079 dated 21/12/2001
Memo No. 26/60/98-LR-III/5584 dated 23/8/2001
3. Methods of Disposal: The inferior evacuee land can be
divided into 5 categories for the purpose of disposal :

• TRANSFER OF RURAL AGRICULTURAL

INFERIOR EVACUEE LAND TO LESSEES
• TRANSFER OF RURAL AGRICULTURAL
INFERIOR EVACUEE LAND TO
UNAUTHORIZED OCCUPANTS
• SALE OF RURAL INFERIOR EVACUEE LAND
THROUGH RESTRICTED AUCTION TO SCs
• TRANSFER OF BANJAR/GHAIR MUMKIN
INFERIOR EVACUEE LAND
• URBAN PROVINCIAL GOVT LANDS ON
WHICH PUCCA CONSTRUCTION RAISED
• DISPOSAL OF URBAN/SUB URBAN
INFERIOR EVACUEE LANDS

1. TRANSFER OF RURAL INFERIOR EVACUEE

LAND TO LESSEES

• Rules/Instructions- Instruction dated 29/8/61,

5/6/81, 17/6/88, 22/8/88, 24/12/93.
• Category – Inferior evacuee land situated in rural areas
that is beyond 3.2 km from Class A MC limits, 1.6 km
from Class B MC limits and 0.8 km from Class CMC
limits. (Para 1(vii) of instructions dated 24/12/93, Para
4 of instructions dated 17/6/88)
• Mode of disposal –Allotment to lessees who had
taken land on lease under instructions dated
29/8/61.
 • Eligibility – 50 % to Harijans; 50 % to landless BC,
Christians, Ex-Servicemen i.e. who are lessees. (Para 4
of instructions dated 29/8/61)
• Maximum area that can be allotted –12 ½ acres. The
lessees were required to purchase it after 5 years and
if they didn’t purchase it then the land lease was to
be cancelled and possession taken. (Para 4(d) of
instructions dated 29/8/61)
• Officer competent to transfer the land –District
Collector
• Alienation – No restriction
• Price fixation – Rs.40 per acre – Banjar

- Rs 25 per acre – Ghairmumkin ( Para 4(c))

• Recovery –Lump sum or in 4 equal installments.

(Para 4(c))
• Penalty for non payment – Cancellation of lease
(Para 1.5 – Instructions dated 5/6/1981)
• Remarks –

(i) The lessee was required to bring ¼ of land under cultivation

within first 3 years and the remaining ¾ within next 2 years.

• The lessees were required to bring the entire land

under cultivation within 5 years.
• DC is competent to condone any breach of
conditions of lease as per 1961 instructions.
• The government vide its instructions dated
10/7/1979 (para 1(i)) granted them a period of one month
to purchase the land.
 • The government vide its instructions dated 17/6/1988
(para 1) granted them another period of 45 days to
purchase the land.
• The government vide its latest instructions dated
24/12/1993 (para 1(i)) granted them a period of 45
days for purchase of the inferior evacuee land leased
out to them. No further time has been given to the
lessees.

2. TRANSFER OF RURAL INFERIOR EVACUEE

LAND TO UNAUTHORIZED OCCUPANTS

• Rules/Instructions- Instruction dated 10/7/79, (Rabi

1976)

5/6/81,
17/6/88, (Rabi 1984)
22/8/88,
24/12/93, (Kharif 1989)
17/4/97(Kharif 1994)
21/12/2001(Kharif 1994)

• Category – Inferior evacuee (agriculture) land situated

in rural areas that is beyond 3.2 km from Class A MC
limits, 1.6 km from Class B MC limits and 0.8 km from
Class-C MC limits. (Para 1 (vii) of instructions dated
24/12/93, Para 4 of instructions dated 17/6/88)
• Mode of disposal –Allotment to unauthorized
occupants who are in continuous and undisputed
possession since Kharif 1994. (Instructions dated
17/4/1997, 21/12/2001)
• Eligibility – Unauthorised occupants in possession
since Kharif 1994. Khasra Girdawari corrected after
16/4/97 will not be treated as valid. (Instructions dated
11/7/97)
• Maximum area that can be allotted –10 acres (inclusive
own holdings) if situated beyond 5 miles of MC limits,
3 acres (inclusive own holdings) if situated beyond 2
miles but upto 5 miles of MC limits. (Para iv of
instructions dated 17/4/1997, Para 4(i) of instructions
dated 21/12/2001)
• Officer competent to transfer the land
– Tahsildar/Naib Tahsildar with the approval of the SDM.
(Same as rural evacuee land)
• Alienation – No alienation for a period of 20 years. (
Para 1(iv)of instructions dated 24/12/1993 )
• Price fixation – Rs.7000 per acres for General
Category
o Rs.6000 per acre for SC/BC (Para v of
instructions dated 17/4/1997, Para 4(i) of
instructions dated 21/12/2001)
• Recovery –Lump sum within 6 months from the date
of transfer. ( Para v of instructions dated 17/4/1997
)
• Penalty for non-payment – No grant of P rights and no
transfer.
• Remarks – (i) The applicant must be head of the
family. ( Para 1 (i) of instructions dated 24/12/1993)
 • Damages at the rate of Rs 250 per acre per harvest
from Kharif 1994 to be recovered. ( Para 1(vii) of
instructions dated 17/4/1997)
• New application must be submitted by 31/1/2002,
Special opportunity was given to those persons who
were eligible for allotment under 17/4/1997 instructions
but count not apply)

3. SALE OF RURAL INFERIOR EVACUEE LAND

THROUGH RESTRICTED AUCTION TO SCs

• Rules/Instructions- Instruction dated 5/6/81,

17/6/88, 22/8/88, 24/12/93, 17/4/97
• Category – Inferior evacuee (agricultural) land which
is not transferred to unauthorised occupants as per Para
2 above.Rural land means land situated in rural areas
that is beyond 3.2 km from Class A MC limits, 1.6 km
from Class B MC limits and 0.8 km from Class CMC
limits. ( Para 1(viii) of instructions dated 24/12/93,
Para 4 of instructions dated 17/6/88 )
• Mode of disposal – Sale through restricted auction to
SCs ( Para 1(viii) of instructions dated 24/12/1993)
• Eligibility – Schedule Castes ( Para 1(viii) of
instructions dated 24/12/93)
• Maximum area that can be allotted –10 ordinary acres
including own holding (Para 3.1 of instructions dated
5/6/1981) (Originally the auction was restricted to
landless SCs and the area was 10
acres)
 • Officer competent to transfer the land – Tahsildar to
conduct the auction and DC to approve it. (III (i),(xi)
of Annexure attached to instructions dated 5/6/1981)
• Alienation – No alienation to non SC members for 20
years. ( para 1(v) of instructions dated 24/12/1993,
para V(i) of Annexure with instructions dated 5/6/81)
• Price fixation – Rs.20,000 per acre for Chahi /
Nehri

- Rs.15,000 per acre for Barani ( Para 1(iv),(viii)

ofinstructions 24/12/93)

• Recovery – 25 % of the price at the time of bid and the

remaining 75 % in 3 equal installments with 7
% interest. ( Para III (ix), (xii) of Annexure attached
with instructions dated 5/6/1981 )
• Penalty for non payment – Default of 2 successive
installments – Tahsildar to cancel the sale and forfeit
the amount already deposited. ( Para III
(xiii) of Annexure Attached with instructions dated
5/6/1981 )
• Remarks –(1) Sale certificate to be issued after
payment of entire money. ( Para III (xiv) of
Annexure attached with instructions dated
5/6/1981)

(2) Cultivation through SC members (Para V(ii) of

Annexure dated 5/6/81)
4.TRANSFER OF BANJAR/GHAIRMUMKIN
INFERIOR EVACUEE LAND
 • Rules/Instructions- Instruction dated 5/6/81,
17/6/88, 22/8/88, 24/12/93, 4/9/84.
• Category – Inferior evacuee land situated in rural area
and recorded as Banjar or Ghairmumkin in the land
records. Rural land means land situated in rural areas
that is beyond 3.2 km from Class A MC limits, 1.6 km
from Class B MC limits and 0.8 km from Class C MC
limits. ( Para 1(viii) of instructions dated 24/12/93,
17/6/88 )
• Mode of disposal – 50 % of land in a village-
through open auction
o 40 % of land in a village through restricted
auction to SCs
o 10 % of land in a village through restricted
auction to BCs

( Para 1(v) of instructions dated 24/12/1993)

• Eligibility –General category, SCs, BCs

• Maximum area that can be allotted –10 acres
including own holding (Para 3.1 of instructions
dated 5/6/1981)
• Officer competent to transfer the land
– Tahsildar/Naib Tehsildar to conduct the auction and
DC to approve it. (III (i), (xi) of Annexure attached to
instructions dated 5/6/1981)
• Alienation –Open auction : No restriction

- Restricted auction : No alienation to non SC/BCmembers for

20years. (para 1(v) of instructions dated 24/12/1993, para V(i) pf
Annexure with instructions dated 5/6/81)
 • Price fixation – Reserve price to be fixed by a
committee of DC/ADC , SDM and DAO and
approved by the Commissioner. ( Para 1(v) of
instructions dated 24/12/1993)
• Recovery – Restricted Auction:25 % of the price at the
time of bid and the remaining 75 % in 3 equal
installments with 7 % interest. (Para III (ix), (xii) of
Annexure attached with instructions dated 5/6/1981
)

Open Auction:25 % of the price at the time of bid and the

remaining 75 % within 15 days of auction. (Rule 6 (vii)
(viii) of Punjab Package Deal Properties Rules 1976. (Not
prescribed, should be as per Evacuee Agriculture Lands, Para 4 (8)
of this document).

• Penalty for non-payment – Default of 2 successive

installments – Tahsildar to cancel the sale and forfeit
the amount already deposited. (Para III (xiii) of
Annexure Attached with instructions dated 5/6/1981)
• Remarks – Sale certificate to be issued after
payment of entire money. ( Para III (xiv) of
Annexure attached with instructions dated
5/6/1981)

5.URBAN NAZOOL LAND ON WHICH PUCCA

CONSTRUCTION RAISE
TRANSFER OF URBAN GOVERNMENT NAZOOL /
EVACUEE / INFERIOR EVACUEE LAND ON WHICH
PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE
1/1/1996.
1.Rules / Instructions: Govt. instruction dated 23/8/2001.
 2. Category: - Land of any type i.e. Government, Nazool,
Evacuee and Inferior Evacuee.
-Pucca construction raised before 1/1/1996 and continuous
possession since then.
-Situated within MC limit, (Para 2 of instructions dated
23/8/2001)
3. Mode of disposal- Transfer to unauthorised occupant (Para 2
of instructions dated 23/8/2001).
4. Eligibility: - -Pucca construction raised before 1/1/996 (Para 2
of instructions dated 23/8/2001).
-Continuous possession since 1/1/1996 (Para 2 of
instructions dated 23/8/2001)
-Submitted application by 23/10/2001 (Para 9 of
instructions dated 23/8/2001)
-Only one property can be transferred (Para 3 of instructions dated
23/8/2001)
5. Maximum area that can be allotted: -No restriction (Para 4 of
instructions dated 23/8/2001)
6. Officer competent to transfer the property: - Tahsildar to
recommend and SDM to allot the land. Appeal to Deputy
Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)
7. Alienation: - No restriction (Para 14, 15 of instructions dated
23/8/2001).
8. Rate and price fixation: The following rate to be charged:

Area – A

A £ 5 Marla

5 Marla < A £ 10 Marla

10 Marla < A £ 1 Kanal

1 Kanal < A
(Para 4 of instructions dated 23/8/2001)
The market rate of the land will be determined by a committee
headed by Deputy Commissioner. (Para 5 of instructions dated
23/8/2001)
9.Recovery: - ¼ of price within 1 month of offer of allotment.
- ¾ of price 10 six monthly installments (Para 6 of instructions
dated
23/8/2001).
10. Penalty of non payment: - No allotment.
11. Remarks :(1)Pucca construction and continuous possession
to be supported by Electricity, Water Bill etc. (Para 2 of
instructions dated 23/8/2001)
(2)P-Rights to be given and registered after recovery of full
price.(Para 14, 15 of instructions dated 23/8/2001)
Last date of applications – Dated 23/10/2001 (Para 9 of
instructions dated 23/8/2001).
6.DISPOSAL OF URBAN/SUB URBAN INFERIOR
EVACUEE LAND
(1) The inferior evacuee land situated in urban /sub urban areas
shallbe disposed of in the following manner :
A. Transfer to other departments
B. Transfer to MC/PSUs
C. Open Auction
(2)Definition - The land situated in urban/sub-urban means land
situated within the municipal limits and:

o -For Class ‘A’ MC – land situated within a distance of

3.2 kms from the municipal limits.
o -For Class ‘B’ MC –land situated within a distance of
1.6 kms from the municipal limits.
o -For Class ‘C’ MC/Nagar Panchayat - Land
situated within a distance of 0.8 kms from the
municipal limits.
(Para 1(vii) of instructions dated 24/12/1993 and para 4 of
instructions 17/6/1988)
(3)Before the land in urban or sub urban areas is sold by open
auction, it needs to be carefully examined whether the land is
required by any Government Department, Municipal Council and
Improvement Trust, PSUs for any public purpose immediately or
in the near future. In order to ensure that Government land is
disposed of with proper care a committee headed by DC is
constituted to determine whether any particular piece of land is
required for the purpose of any Government Department or for
providing civic amenities in the municipal areas. Only the land
which according to this committee is not required for any such
purposes and is not likely to be so required in future may be
disposed of in public auction (Para 11 instructions dated 20/2/84).
A.TRANSFER TO OTHER DEPARTMENTS

• Rules/Instructions – Instructions dated 20/2/84,

4/9/84 and FCR SO 28
• Category – Urban and sub urban inferior evacuee
lands. ( See definition above )
• Mode of disposal – Retain the land for Revenue
Department if it is required. If not required then
transfer it to the other department for whose scheme
it is required. (Para 3,4(a) of instructions 20/2/84).
• Eligibility – All departments.
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –FCR : if no
objection fromeither department. -CMM/CM : in case
of dispute/objection and in case land is being
transferred free of cost to departments from whom
payment should be taken. (para 6 of FCR SO 28)
 • Alienation – No restrictions.
• Fixation of Price –
o Land will be transferred free of cost to the
Punjab government departments (except the
departments of colonization, irrigation, power)

Market rate from Central Government Departments and

Departments of Colonisation, Irrigation and Power of Punjab
Government. (Para 6A-1, 6A-2 of FCR SO 28)

• The market price will be the current price to be

determined by DC if the price worked out is less than or
equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is
upto Rs. 50 lac by the Divisional Commissioner and
when it exceeds Rs. 50 lac then by the Financial
Commissioner Revenue. (Para 3 (i) of instructions dated
4/9/84)

• Recovery: Debit/Credit, Cash Payment (Para 6A-2, 6A-

3, 6B, 6C of SO 28)
• Penalty for non payment – NA
• Remarks– DC to submit a self contained proposal to
FCR (Para 13 of instructions dated 20/2/84).

BTRANSFER TO MC/PSUs

• Rules/Instructions – Instructions dated 20/2/84 and

4/9/84, FCR SO 28.
• Category – Urban and sub-urban inferior evacuee
lands situated. (See definition above )
 • Mode of disposal – Transfer to MCs, Improvement
Trusts and PSUs (Para 4(b) of instructions 20/2/84).
• Eligibility – MCs, Improvement Trusts, Public
Sector Undertakings, Cooperative Institutions.
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –FCR: if no
objection from the either department and payment is
being made. -CMM/CM : in case of dispute/objection
and in case land is being transferred free of cost . (para
6 of FCR SO 28)
• Alienation – No restrictions.
• Fixation of Price – Price will be the current market
price to be determined by DC if the price worked out is
less than or equal to Rs. 10 lac, when it exceeds Rs. 10
lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by
the Financial Commissioner Revenue. (Para 3 (i) of
instructions dated 4/9/84, para 4(b) of instructions
dated 20/2/84)
• Recovery: Lump-sum through cheque /draft
• Penalty for non payment –
• Remarks– DC to submit a self contained proposal to
FCR (Para 13 of instructions dated 20/2/84).

C OPEN AUCTION

• Rules/Instructions – Instructions dated 20/2/84,

4/9/84 and 29/8/85, FCR SO 28
• Category – Urban/sub urban inferior evacuee lands. (See
definition above)
• Mode of disposal – Open auction (Para 4 (c) of
instructions 20/2/84).
• Eligibility – If land is not required by the Government
Departments, MCs, PSUs (Para 4, 11 of instructions
dated 20/2/84).
• Maximum area that can be allotted – No
restriction.
• Officer competent to transfer the land –Approval of
FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to
approve the auction. (Para 2 of instructions dated
4/9/84).
• Alienation – No restrictions.
• Fixation of Price – Reserve Price will bethe market
price to be determined by DC if the price worked out is
less than or equal to Rs.10 lac, when it exceeds Rs. 10
lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by
the Financial Commissioner Revenue. (Para 3 (i) of
instructions dated 4/9/84, para 4(c) of instructions dated
20/2/84)
• Recovery: 25 % at the time of bid ( Para 3 (ix) of
instructions dated 4/9/84), remaining 75 % within 15
days of acceptance of bid. (Para 3 (xiii) of
instructions dated 4/9/84)
• Penalty for non payment – If full payment is not
received within 15 days, DC shall cancel the sale
 and forfeit the amount already paid. (Para 3 (xiv) of
instructions dated 4/9/84).
• Remarks– (i)ADC/SDM to supervise the auction.
(Para –3 (vi) of instructions dated 4/9/84)
o DC to put the bidder to possession after
deposit of full payment, (Para 3 (xiii), 9 (i) of
instructions dated 4/9/84).
o The Sale Certificate conferring the P rights shall
be issued on full payment (Para 9 (i) of
instructions dated 4/9/84).
o Conveyance deed to be registered and
mutation to be sanctioned. (Para 9 (ii) (iii) of
instructions dated 4/9/84).
o District Collector can be approached for setting
aside the auction and sale. (Para 5 of
instructions dated 4/9/84)

Rural Evacuee Land A. Definition: Evacuee land situated within the State of Punjab
which is not urban area or sub urban area. That is land situated
in municipal limits or upto 2 miles from the municipal limits.
(Instructions dated 17/4/1997)
B. Rules/Instructions:
1. Punjab Package Deal Properties (Disposal) Rules 1976
2. Memo No. P(IV)/2/505/Policy/Part-3/G-5/1195-1206 dated
19/1/79
3. Press Note dated 26/2/80
4. RD/770/Part-V/U1/17359 dated 5/11/84
5. Press Note dated 27/3/85
6. Memo No. P(IV)/2/505/Part/1952/63 dated 18/12/87
7. Memo No. 2/505/Part –III/ 9706 dated 29/7/88
8. Memo No. P(IV)/2/505/Part/9837/4804 dated 13/11/90
 9. Memo No. PIV/2(505) Part-VIII/1007 dated 10/03/94
10. Memo No. 3/3/97-LR-3/2857 dated 17/04/97
11. Memo No. 3/3/97-LR-3/4753 dated 11/7/97
12. Memo No. 26/60/98-LR-III/5584 dated 23/8/2001
13. Memo No. 3/3/97-LR-III/11079 dated 21/12/2001
C. Methods of Disposal: The Evacuee Land may be divided into
the following categories for the purpose of its disposal :

• TRANSFER OF RURAL EVACUEE LAND TO

UNAUTHORIZED OCCUPANTS
• EVACUEE AGRICULTURE LAND SITUATED
WITHIN 5 MILES OF INDO-PAK BORDER
• ALLOTMENT OF RURAL EVACUEE LAND TO
UNSATISFIED DISPLACED LAND HOLDERS
• ALLOTMENT OF RURAL EVACUEE LAND TO
PERMANENTLY DISABLED SOLDIERS, WIDOWS
ETC. OF THE SOLDIERS KILLED IN ACTION
• SALE OF RURAL EVACUEE LAND BY
NEGOTIATION OF THE CANCELLED LAND IN
RURAL AREAS
• SALE RURAL EVACUEE LAND BY
NEGOTIATION TO GOVERNMENT
DEPARTMENT ETC.
• SALE OF EVACUEE LAND BY PUBLIC
AUCTION
• SALE OF EVACUEE LAND IN RESTRICTED
AUCTION
• TRANSFER OF SUB-URBAN EVACUEE LAND
 1. TRANSFER OF RURAL EVACUEE
AGRICULTURAL LAND TO UNAUTHORIZED
OCCUPANTS
1. Rules/Instructions – Rule 3 of Package Deal Rules,
Instructions dated 21/12/2001 (Kharif 1994)
17/4/1997 - Kharif 1994
10/3/1994 – Kharif 1992
13/11/1990 – Kharif 1989
18/12/1987 – Rabi 1984
27/3/1985 – Rabi 1982
26/2/1980 - Rabi 1978
19/1/1979 – Rabi 1976
2. Category – Rural evacuee agricultural evacuee land
measuring more than 1 acre that is land recorded as
Chahi/Nehri/Barani in the records and situated in areas beyond 2
miles of A Class MC, 1 mile of B Class MC, ½ mile of C Class
MC limits.
3. Mode of disposal – Transfer to unauthorized occupants who
are in continuous possession since Kharif 1994.
4. Eligibility – Small fragments of land measuring more than 1
acre, continuous possession since Kharif 1994 and land recorded
as Chahi/Nehri/Barani. (Instructions dated 17/4/1997,
21/12/2001, Rule 6(1)(iii) of Package Deal Rules)
5. Maximum area that can be allotted – 10 acres if situated
beyond 5 miles of municipal limits.
- 3 acres if situated beyond 2 miles but upto 5 miles of
municipal limits.
(Para iv of instructions dated 17/4/1997, Para 4 (i) of instructions
dated 21/12/2001, Section 4 of Package Deal Act)
6. Officer competent to transfer land – Tahsildar/Naib
Tahsildar to scrutinize the application and SDM/SC to transfer
the land. ( Rule 3(6))
7. Alienation – No alienation for 20 years from the date of
transfer. (Rule 3(10A))
8. Price fixation – Rs 7000 per acre from General category
- Rs 6000 per acre from BC/SC
( Para v of instructions dated 17/4/1997, Para 4 (i) of
instructions dated 21/12/2001)
9. Recovery – Lump sum within 6 months of transfer ( Para vi of
instructions dated 17/4/1997 )
10. Penalty for non-payment – Transfer liable to be cancelled.
(Rule 3(9), instructions dated 17/4/97)
11. Remarks – Applicant should be head of family and tiller of
the land.
(ii) Damages at the rate of Rs 250 per acre per harvest will be
recovered from Kharif 1994. (Para v of instructions dated
17/4/97).
(iii) Conveyance deed to be issued after full payment (Rule
3(11)
(iv) Application to be submitted by 31/1/2002. Special
opportunity was given to persons who were otherwise eligible
under 17/4/1997 instructions but could not apply)
2. EVACUEE AGRICULTURAL LANDS SITUATED
WITHIN 5 MILES OF INDO-PAK BORDER
There are two different method for disposal of such lands
depending on the location of lands:
A. Land situated in rural areas
B. Land situated in sub urban areas
A. RURAL EVACUEE AGRICULTURAL LAND
1. Rules/Instructions – 20/2/1984,4/9/1984,11/5/1962
2. Category – Rural evacuee agricultural land situated within 5
miles of border and not situated in sub urban areas. (Para 5 of
instructions dated 20/2/1984)
3. Mode of disposal – Restricted Auction to SCs, Rai Sikhs, Ex
servicemen, small land owners and sitting tenants. (Para 5 of
instructions dated 20/2/1984). As per instructions dated
11/5/1962 evacuee agricultural lands situated within 5 miles of
Indo-Pak border were to be leased out @ 10 acres per family to
Rai Sikhs and Ex-Servicemen for a period of 10 years. The
lessee could purchase the lands after a period of
5 years. These instructions were superseded by the
instructions dated 20/2/1984 relating to disposal of various types
of government lands. Lands which were not purchased
by the lessees are to be disposed of through restricted auction.
4. Eligibility – SCs, Rai Sikhs, Ex servicemen, small land
owners and sitting tenants.
5. Maximum area that can be allotted – 10 ordinary acres (Sec 4
Package Deal Act).
6. Officer competent to transfer the land – State Government.
ADC/SDM to conduct auction. ( Para 2 and 3(vi) of instructions
dated 4/9/1984 )
7. Alienation – No alienation to Non-SC/Rai Sikhs/Es
Servicemen etc for 20 years (Para 8(i) Instructions dated 4/9/84).
No cultivation by non-SC etc. DC to cancel the allotment for
breach of these conditions. (Para 8(ii), (iii) instruction dated
4/9/84).
8. Fixation of Price – Reserve Price will be the market price to be
determined by DC if the price worked out is less than or equal to
Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by
the Divisional Commissioner and when it exceeds Rs. 50 lac
then by the Financial Commissioner Revenue. (Para 3 (i) of
instructions dated 4/9/84).
9. Recovery- 5 % at the time of bid and the remaining 95 % in 20
equal 6 monthly installments with 10 % interest. (Para 3(ix),
(xiii) of instructions dated 4/9/84).
10. Penalty for non-payment – Penal interest at the rate of 3½ %
for not depositing the installments. DC to cancel the allotment if
arrears are not cleared by the 7th installment. (Para 3 (xv) of
instructions dated 4/9/84).
11. Remarks– (i) ADC/SDM to supervise the auction. (Para –3
(vi) of instructions dated 4/9/84)
(ii) 5 % of the bid to be deposited at the time of bid (Para 3
(ix) of instructions dated 4/9/84).
(iii) DC to put the bidder to possession after deposit of first
installment. (3(xiii) of instructions dated 4/9/1984)
(iv) The Sale Certificate conferring the P rights shall be issued
on completion of payment of all the installments by the DC.
(9(i) of instructions dated 4/9/1984)
(v) Conveyance deed to be registered and mutation to be
sanctioned. (Para 9 (ii) (iii) of instructions dated 4/9/84).
B. SUB URBAN EVACUEE LAND
 1. Rules/Instructions – Rule 4-A of Package Deal Rules.
2. Category – Evacuee agricultural land situated within 5 miles
of border and situated in sub urban areas that is land situated
within 3.2 km of municipal corporations and municipal limits of
class A MC, 1.6 km of class B MC and
0.8 km of class C MC. (Rule 4-A, Instructions dated 29/7/1988,
3/5/1979)
3. Mode of disposal - To Rai Sikhs and Ex Servicemen
occupants upto 3 acres inclusive of their own holdings provided
they are uninterrupted occupants since Rabi 1978 and they apply
in accordance with the provisions of Rule 3 within the period
specified by the government from time to time. (Rule 4-A(1)(b)
instructions dated 17/4/97)
4. Eligibility – Rai Sikhs and Ex Servicemen who are in
possession since Rabi 1978. ( Rule 4-A(1)(b) )
5. Maximum area that can be allotted –3 acres including own
holding ( Rule 4-A (1)
6. Officer competent to transfer the land – Tahsildar with the
approval of the Sales Commissioner. ( Rule 4-A(4))
7. Alienation – No restriction
8. Fixation of Price – Current market price from non SC and 75 %
of market price from SC. The price will be determined by the
Tahsildar subject to approval by the State government or any
officer authorized by it. ( Rule 4-A (2), (3), 4-B(8))
9. Recovery- 20 equal 6 monthly installments with interest at
the rate 10 % for non SC and no interest from SC. ( Rule 4-A
(5))
10. Penalty for non payment –
11. Remarks–
3. ALLOTMENT OF RURAL EVACUEE LAND TO
UNSATISFIED DISPLACED LAND HOLDERS
1. Rules/Instructions – Rule 3-A of Package Deal Rules, DPCR
Act.
2. Category – Rural evacuee agricultural land situated beyond 2
miles of MC limits.
3. Mode of disposal – If the land is not transferred on the basis
of possession then to displaced persons from Pakistan. ( Rule 3-
A)
 4. Eligibility – Displaced persons from Pakistan.
5. Maximum area that can be allotted – Area in lieu of area left
in Pakistan after imposing a cut under Rule 51 of the DPCR
Rules.
6. Officer competent to transfer the land – Managing Officer in
the office of FCR to decide about the entitlement and Tahsildar
to allot it.
7. Alienation – No restriction
8. Fixation of Price – Free of cost.
9. Recovery-
10. Penalty for non payment –
11. Remarks– (1) No urban or sub-urban land should be allotted
to displaced person n satisfaction of their claims of rural
agricultural land. (Instructions dated 8/1/88)
(2) Urban/Sub-Urban lands can’t be allotted. Only rural
agricultural lands can be allotted. (Rule 3 Rule 6, instructions
dated 12/8/70)
4. ALLOTMENT OF RURAL EVACUEE LAND TO
PERMANENTLY DISABLED SOLDIERS, WIDOWS ETC. OF
THE SOLDIERS KILLED IN ACTION
1. Rules/Instructions – Rule 4 of Package Deal Rules,
Instructions dated 26/11/1975, 2/1/1976, 5/11/84
2. Category – Rural evacuee agricultural land situated beyond 2
miles of MC limits.
3. Mode of disposal – Allotment to : (1) Permanently disabled
soldiers, widow or parents or children of the soldiers killed in
Chinese Aggression in 1962 and Pakistan Aggression of 1965.
(2) Widows of the personnel of Armed Forces, Border Security
Force and Punjab Armed Police killed in the Indo- Pakistan
conflict of 1971.
4. Eligibility – (1) Permanently disabled soldiers, widow or
parents or children of the soldiers killed in Chinese Aggression in
1962 and Pakistan Aggression of 1965.
(2) Widows of the personnel of Armed Forces, Boarder Security
Force and Punjab Armed Police killed in the Indo- Pakistan
conflict of 1971.
 5. Maximum area that can be allotted – 10 acres including own
land holding ( Rule 4(1)(i) )
6. Officer competent to transfer the land – State government
(para 20 of instructions dated 5/11/84)
7. Alienation – (1) If widow marries within 10 years of the
allotment then the allotment will be cancelled and the land will
be allotted to children or parents of the deceased soldiers. ( Rule
4(1)(iii) )
(2) There was restriction on alienation for 10 years in the Rules of
1976 as originally published. Original Rule 4(v) stipulated that
there could be no alienation for 10 years. This was deleted vide
amendment dated 20/1/79. Therefore after 20/1/79 there is no
restriction on sale.
8. Fixation of Price – Rs 450 per acre ( Instructions dated
26/11/1975)
9. Recovery- 20 equal 6 monthly installments. (Rule 4(1)(iv)
)
10. Penalty for non payment – Penal interest of 7 %. In case of 2
successive defaults the amount will be recovered as arrears of
land revenue.( Rule 4(1)(v) )
11. Remarks– Conveyance deed to be issued after full payment.
( Rule 4(2) )
5. SALE OF RURAL EVACUEE LAND BY NEGOTIATION
OF THE CANCELLED LAND IN RURAL AREAS
1. Rules/Instructions – Rule 4-B of Package Deal Rules.
2. Category – Rural evacuee agricultural land situated beyond 2
miles of Class A MC limits, beyond 1 mile of Class B MC limits
and beyond ½ mile Class C MC limits and allotted in excess of
claim. If the land has become sub urban or urban after allotment
as a result of extension of municipal limits then also the land can
be allotted under this rule. ( Rule 4-B(8)(2))
3. Mode of disposal – (1) Allotment to allottee, his successor-
in-interest or his bonafide vendees. (Rule 4-B(1)).
(2) If the allottee, his successor-in-interest or his bonafide vendee
doesn’t purchase or he is not eligible then the land is required to be
disposed of in the following manner :
o Public auction.
 o Allotment to displaced land holders.
o Persons mentioned in Rule 4 that is widows of soldiers etc.
o Sale to government departments, semi government
departments, Cooperative societies, corporate bodies, local
authority.
( Rule 4-B(9))
4. Eligibility – (1) Allottee should be in continuous possession.
(Rule 4-B(1))
(2) The allotment shouldn’t have been cancelled on grounds of
fraud etc. (Rule 4-B(2))
5. Maximum area that can be allotted – 10 acres inclusive of own
land holding (Section 4 of Package Deal Act).
6. Officer competent to transfer the land – State government or
the officer authorized by it.(Rule 4-B(5))
7. Alienation – No restriction.
8. Fixation of Price – Current market price as determined by the
Tahsildar and approved by the State government or an officer
authorized by it. ( Rule 4-B(8))
9. Recovery – 20 % at the time of provisional allotment and
remaining 80 % in lump sum within a period of 30 days after
confirmation of sale. ( Rule 4-B(5), (6) )
10. Penalty for non payment – No allotment of land and land to be
disposed of through public auction. ( Rule 4-B(9))
11. Remarks– Conveyance deed to be issued after full
payment. ( Rule 4-B(10) )
6. SALE OF RURAL EVACUEE LAND BY NEGOTIATION
TO GOVERNMENT DEPARTMENT ETC.
1. Rules/Instructions – Rule 4-B(9), 6 of Package Deal
Rules.
2. Category – Rural evacuee agricultural land situated beyond 2
miles of MC limits and not allotted to unauthorized occupants,
displaced persons, widows of soldiers etc. (Rule 4-B(9), 6(1) )
3. Mode of disposal – Sale to government departments, semi
government departments, Cooperative societies, corporate
bodies, local authority.( Rule 4-B(9), 6(1) )
4. Eligibility – All the above bodies.
5. Maximum area that can be allotted – No restriction.
6. Officer competent to transfer the land – FCR : if no objection
from the either department.- CMM/CM: in case of
dispute/objection and in case land is being transferred free of
cost to departments from whom payment should be taken. (Para 6
of FCR SO 28)
7. Alienation – No restriction.
8. Fixation of Price – (i) Land will be transferred free of cost to
the Punjab government departments (except departments of
colonization, irrigation, power)
(ii) Market rate from Central Government Departments and
Departments of Colonisation, Irrigation and Power of Punjab
Government. (Para 6A-1, 6A-2 of FCR SO 28)
(iii) Market rate from MCs/PSUs/Local authorities.
(iv) Price will be the current price to be determined by DC if the
price worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by the
Financial Commissioner Revenue. (Para 3 (i) of instructions
dated 4/9/84)
9. Recovery – Lump sum where required.
10. Penalty for non payment –
11. Remarks -
7. SALE OF EVACUEE LAND (BANJAR
/GHAIRMUMKIN / AGRICULTURAL) BY PUBLIC
AUCTION
1. Rules/Instructions- Rule 6, Instructions dated 29/7/1988,
13/11/1990,10/3/1994
2. Category- The following kinds of lands will be disposed of
through open public auction :
o 75 % of agricultural rural evacuee land which is not
transferred to unauthorized occupants, displaced persons and
widows of soldiers etc. in a village. ( Rule 6(2)(ii))
o 50 % Banjar/Ghairmumkin lands situated in a village. ( rule
6(2)(ii))
o Small fragments of lands less than 1 acre. ( Rule 6(2)(iii))
o Lands which are potential residential or commercial sites or are
under garden or fall under garden colonies. ( Rule 6(2)(i))
3. Mode of disposal - Open public auction. (Rule 6(2))
4. Eligibility – Open public auction.
5. Maximum area that can be allotted – 10 ordinary acres
including his own holdings. (Instructions dated 29/7/1988,
Section 4 of the Package Deal Act)
6. Officer competent to transfer land – Tahsildar/Naib
Tahsildar to conduct the auction and the Sales Commissioner to
approve it. (Rule 6(6)(vii),(viii), (xi))
7. Alienation – No restriction.
8. Price fixation – Rs 30,000 per acre for irrigated lands, Rs
20,000 per acre for unirrigated lands (Rule 6(6)(vi), para 10 of
instructions dated 10/3/94)
- For Banjar and Ghairmumkin lands: a committee headed by
DC/ADC and comprising of SDM, DAO to recommend the rates
and the Divisional Commissioner to approve it. (Para III (b) of
Instructions dated 13/11/1990 )
9. Recovery – 25 % at the time of bid and remaining 75 %
within 15 days of intimation of confirmation. ( Rule 6(6)(ix),
(xii)(b))
10. Penalty for non payment – The amount shall be recovered
as arrears of land revenue. (Rule 6(6)(xiii)
11. Remarks – Conveyance deed to be issued. (Rule 6(6)(xiv))
8. SALE OF EVACUEE LAND (BANJAR / GHAIRMUMKIN /
AGRICULTURAL) IN RESTRICTED AUCTION
1. Rules/Instructions- Rule6 (3), Instructions dated 29/7/1988,
13/11/1990,10/3/1994
2. Category- The following kinds of lands will be disposed of
through restricted auction :
o 25 % of agricultural rural evacuee land which is not transferred
to unauthorized occupants, displaced persons and widows of
soldiers etc. in a village to SC/BCs. ( Rule 6(3)(iii))
 o 40 % Banjar/Ghairmumkin lands situated in a village to SCs.
(Rule 6(3)(i))
o 10 % Banjar/Ghairmumkin lands situated in a village to BCs.
(Rule 6(3)(ii))
3. Mode of disposal - Restricted auction. (Rule 6(3))
4. Eligibility – Restricted auction to SC/BC.
5. Maximum area that can be allotted – 10 ordinary acres
including his own holdings. ( Instructions dated 29/7/1988,
Section 4 of Package Deal Act.)
6. Officer competent to transfer land – Tahsildar/Naib
Tahsildar to conduct the auction and the Sales Commissioner to
approve it. ( Rule 6(6)(vii)(viii) (xi))
7. Alienation – No alienation to non SC/BC for 20 years ( Rule
6(8)(i))
8. Price fixation – Rs 30,000 per acre for irrigated lands, Rs
20,000 per acre for unirrigated lands (Para 10 of Instructions
dated 10/3/1994, Rule 6(6)(vi))
- For Banjar and Ghairmumkin lands: a committee headed by
DC/ADC and comprising of SDM, DAO to recommend the rates
and the Divisional Commissioner to approve it. (Para III (b) of
Instructions dated 13/11/1990)
9. Recovery – 5 % at the time of bid and remaining 95 % in 19
equal 6 monthly installments. ( Rule 6(6)(ix), (xii)(c))
10. Penalty for non payment – The amount shall be recovered
as arrears of land revenue for 2 successive defaults. ( Rule
6(6)(xiii)
11. Remarks – Conveyance deed to be issued. ( Rule 6(6)(xiv))
For Restricted Auction
- Cultivation through SC/BC only.( Rule 6(8)(ii))
- Tahsildar/Naib Tahsildar to cancel the allotment for breach of
any condition. (Rule 6(8)(iii).
9. TRANSFER OF SUB-URBAN EVACUEE LAND
1. Rules/Instructions – Rule 6, 4B(8)(2),4A and instructions
dated 12/8/1970, 3/5/1979, 29/7/1988.
2. Category - Sub urban lands that is lands -
 a. For Class ‘A’ MC – land situated within a distance of 3.2 kms
(2 mile) from the municipal limits.
b. For Class ‘B’ MC – Land situated within a distance of 1.6 kms
(1 mile) from the municipal limits.
c. For Class ‘C’ MC/Nagar Panchayat - Land situated within a
distance of 0.8 kms (1/2 mile) from the municipal limits.
(Instructions dated 29/7/88, 3/5/79,12/8/70)
3. Mode of disposal – (1) Open public auction (Rule 6(2)(i))
(2) Land which was allotted in excess of claim and which
became suburban as a result of extension of municipal limits –
sale by negotiation to the allottee/his bonafide vendee at the
market rate. ( Rule 4-B(8)(2)) ( See Para 5 above)
(3) Land is sub urban and falls within 5 miles of Indo-Pak
border – Transfer upto 3 acres to Rai Sikhs/ Ex servicemen who
are in possession since Rabi 1978 and who apply in accordance
with the provisions of Rule 3 within the period specified in this
behalf.
(4) Land which became sub-urban after Rabi 1976 as a result of
extension of MC limits to occupants w.e.f. Rabi 1978 upto 3
acres provided they applied before 31/10/1980. The land will be
transferred at the market rate (from Non-SC) and 75 % of the
market rate (From the SC) which will be determined by the
Tehsildar and approved by the State Government. SDM/SC will
approve the transfer (Rule 4- A(1)(a)4A(2), (3) .
4. Eligibility – Open auction
5. Maximum area that can be allotted – 10 acres including own
land holding (Section 4 of Package Deal Act).
6. Officer competent to transfer the land – Tahsildar/Naib
Tahsildar to conduct the auction and Sale Commissioner to
approve it. (Rule 6(6)(xi))
7. Alienation – No restriction.
8. Price fixation – The reserve price will be the market price and
will be determined by Tehsildar and will be approved by the
State Government. (Rule 4A(2), (3), 4B(8))
9. Recovery – 25 % at the time of bid. ( Rule 6(6)(ix))
- Remaining 75 % within 15 days of intimation of the bid. ( Rule
6(6)(xii)(b)
 10. Penalty for non payment – Recover the defaulted amount as
arrears of land revenue. ( Rule 6(6)(xiii))
11. Remarks – Sale certificate to be issued. (Rule 6(6)(xiv))

RURAL PROPERTIES A. Definition: Building or building site situated in rural areas

that is areas outside the municipal limits.
B. Rules and instructions
1. Rule 5, 6 of Punjab Package Deal Properties (Disposal) Rules
1976
2. Memo No. PIV/2(505) Part/9837-48 dated 13/11/1990
C. Methods of Disposal: The rural property can be disposed of in
4 ways :
1. TRANSFER OF PROPERTY TO OCCUPANTS
2. SALE BY NEGOTIATION TO GOVERNMENT
DEPARTMENTS
3. SALE OF PROPERTY BY AUCTION
4. TRANSFER OF PROPERTY WHICH HAS BECOME SUB
URBAN AFTER 1/1/1977
1. TRANSFER OF PROPERTY TO OCCUPANTS
1. Rules/Instructions – Rule 5 of Package Deal Rules,
Instructions dated 13/11/1990
2. Category – Properties situated in rural areas that is outside MC
limits.
3. Mode of disposal – Transfer to unauthorized occupants. ( Rule
5(1))
4. Eligibility – Continuous possession since 31/12/1988 and he
applied by 31/1/1991. (Para IV of Instructions dated
13/11/1990). If he doesn’t apply in time then he can buy after
payment of penalty amounting to 50 % of reserve price. (Rule
5(2))
5. Maximum area that can be allotted – 10 acres. (Section 4 of
Package Deal Act.)
6. Officer competent to transfer the land – Tahsildar/Naib
Tahsildar if reserve price less than or equal to Rs 1000, Sales
Commissioner if reserve price is more than Rs 1000. ( Rule
5(7)(i),(ii))
 7. Alienation – No restriction
8. Price fixation – Market price of the property and the site to be
fixed by the Tahsildar in consultation with the village Panchayat
subject to the approval of Sales Commissioner. (Rule 5(3)(a),
(b)). SC/BC to be transferred built up property and the site at the
rate of 2/5 of the reserve price. (Rule 5(3)(c),(d))
9. Recovery – in lump sump if reserve price is less than Rs 500.
- 25 % price at the time of transfer and the remaining 75 % within
15 days of intimation from the General Category and in 4 half
yearly interest free installments from the SC/BC. ( Rule 5(4))
10. Penalty for non payment – Cancel the transfer and resume the
property. (Rule 5(6))
11. Remarks -
2. SALE BY NEGOTIATION OF RURAL PROPERTIES TO
GOVERNMENT DEPARTMENTS /PSUs
1. Rules/Instructions – Rule 6 (1) of Package Deal Rules.
2. Category – Rural evacuee properties not allotted to
unauthorized occupants. ( Rule 6(1) )
3. Mode of disposal – Sale to government departments, semi
government departments, Cooperative societies, corporate
bodies, local authority.( Rule 6(1) )
4. Eligibility – All the above bodies.
5. Maximum area that can be allotted – No restriction.
6. Officer competent to transfer the land – FCR : if no objection
from the either department.- CMM/CM: in case of
dispute/objection and in case land is being transferred free of
cost to departments from whom payment should be taken. (Para 6
of FCR SO 28)
7. Alienation – No restriction.
8. Fixation of Price – (i) Land will be transferred free of cost to
the Punjab government departments (except departments of
colonization, irrigation, power)
(ii) Market rate from Central Government Departments and
Departments of Colonisation, Irrigation and Power of Punjab
Government. (Para 6A-1, 6A-2 of FCR SO 28)
 (iii) Market rate from MCs/PSUs/Local authorities.
(iv) The market price will be the current price to be determined
by DC if the price worked out is less than or equal to Rs. 10 lac,
when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the
Divisional Commissioner and when it exceeds Rs. 50 lac then
by the Financial Commissioner Revenue. (Para 3 (i) of
instructions dated 4/9/84)
9. Recovery – Lump sum where required.
10. Penalty for non payment –
11. Remarks -
3. SALE OF PROPERTY BY OPEN AUCTION
1. Rules/Instructions- Rule 6 Package Deal Rules.
2. Category- Property not transferred to occupants or sold to
government departments. ( Rule 6(1))
3. Mode of disposal - Open public auction. (Rule 6(1))
4. Eligibility – Open public auction.
5. Maximum area that can be allotted – No restriction
6. Officer competent to transfer land – Tahsildar/Naib
Tahsildar to conduct the auction and the Sales Commissioner to
approve it. (Rule 6(6),(vii),(viii),(xi))
7. Alienation – No restriction.
8. Price fixation – Market price of the property and the site to be
fixed by the Tahsildar in consultation with the village Panchayat
subject to the approval of Sales Commissioner. ( Rule
5(3)(a),(b))
9. Recovery – 25 % at the time of bid and remaining 75 %
within 15 days of intimation of confirmation. ( Rule 6(6)(ix),
(xii)(b))
10. Penalty for non payment – The amount shall be recovered
as arrears of land revenue. ( Rule 6(6)(xiii)
11. Remarks – Conveyance deed to be issued. ( Rule 6(6)(xiv))
4. TRANSFER OF PROPERTIES WHICH HAVE BECOME
URBAN AFTER 1/1/1977
1. Rules/Instructions – Rule 6-A,5 of Package Deal Rules.
 2. Category – Properties situated in rural areas which became
urban after 1/1/1977 as a result of extension of municipal
limits.(Rule 6-A(1))
3. Mode of disposal – Transfer to unauthorized occupants who
are in continuous possession since 1/1/1970 and who applied on
or before 31/7/1979. (Rule 5(1), 6-A (1))
4. Eligibility – Continuous possession since 1/1/970 and he
applied by 31/7/1979. (Rule 5(1), 6-A(1))
5. Maximum area that can be allotted – No restriction.
6. Officer competent to transfer the land – Sales Commissioner
( Rule 6-A(3))
7. Alienation – No restriction
8. Price fixation – Market price of the property and the site to be
fixed by the Tahsildar in consultation with the village Panchayat
subject to the approval of Sales Commissioner. ( Rule
5(3)(a),(b))
SC/BC to be transferred built up property and the site at the rate of
2/5 of the reserve price. ( Rule 5(3)(c),(d))
9. Recovery – in lump sump if reserve price is less than Rs 500.
- 25 % price at the time of transfer and the remaining 75 % within
15 days of intimation from the General Category and in 4 half
yearly interest free installments from the SC/BC. (Rule 5(4))
10. Penalty for non payment – Cancel the transfer and resume
the property. ( Rule 5(6))
11. Remarks -

URBAN EVACUEE LAND A. Definition: Land and Property situated in urban area that is
AND PROPERTY within the municipal limits.
B. Rules & Instructions:
a. Rules 8, 9, 10 & 11 of Punjab Package Deal Properties
(Disposal Rules) 1976
b. Memo No. 26/60/98-LR-III/5584 dated 23/8/2001
c. Memo No. PIV/2(505) Part/9837-48 dated 13/11/1990
d. Instructions dated 28/11/1975 regarding widows of
soldiers.
e.Instructions dated 30/8/1979 for disposal of urban evacuee
property purchased by the state government from government of
India under Administrative and Financial Arrangement of 1970
C. Methods of Disposal: The Urban Evacuee Land & Property
will be disposed of in the following manner.
1. URBAN PROVINCIAL GOVT LANDS ON WHICH
PUCCA CONSTRUCTION RAISED
2. TRANSFER OF URBAN PROPERTY
3. TRANSFER OF URBAN PROPERTY TO WIDOWS OF
SOLDIERS ETC.
4. SALE BY NEGOTIATIONS TO GOVERNMENT
DEPARTMENTS ETC.
5. TRANSFER OF URBAN EVACUEE
AGRICULTURAL LAND TO LESSEES
6. SALE BY PUBLIC AUCTION
1. URBAN NAZOOL LAND ON WHICH PUCCA
CONSTRUCTION RAISE
TRANSFER OF URBAN GOVERNMENT NAZOOL /
EVACUEE / INFERIOR EVACUEE LAND ON WHICH
PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE
1/1/1996.
1. Rules / Instructions: Govt. instruction dated 23/8/2001.
2. Category: - Land of any type i.e. Government, Nazool,
Evacuee and Inferior Evacuee.
-Pucca construction raised before 1/1/1996 and continuous
possession since then.
-Situated within MC limit, (Para 2 of instructions dated
23/8/2001)
3. Mode of disposal- Transfer to unauthorised occupant
(Para 2 of instructions dated 23/8/2001).
4. Eligibility: - -Pucca construction raised before 1/1/996
(Para 2 of instructions dated 23/8/2001).
-Continuous possession since 1/1/1996 (Para 2 of instructions
dated 23/8/2001)
-Submitted application by 23/10/2001 (Para 9 of
instructions dated 23/8/2001)
-Only one property can be transferred (Para 3 of instructions dated
23/8/2001)
5. Maximum area that can be allotted: -No restriction (Para 4
of instructions dated 23/8/2001)
6. Officer competent to transfer the property: - Tahsildar to
recommend and SDM to allot the land. Appeal to Deputy
Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)
7. Alienation: - No restriction (Para 14, 15 of instructions dated
23/8/2001).
8. Rate and price fixation: The following rate to be charged:

Area – A

A £ 5 Marla

5 Marla < A £ 10 Marla

10 Marla < A £ 1 Kanal

1 Kanal < A
(Para 4 of instructions dated 23/8/2001)
The market rate of the land will be determined by a committee
headed by Deputy Commissioner. (Para 5 of instructions dated
23/8/2001)
9. Recovery: - ¼ of price within 1 month of offer of allotment.
- ¾ of price 10 six monthly installments (Para 6 of instructions
dated
23/8/2001).
10. Penalty of non payment: - No allotment.
11. Remarks : (1) Pucca construction and continuous
possession to be supported by Electricity, Water Bill etc. (Para 2
of instructions dated 23/8/2001)
(2)P-Rights to be given and registered after recovery of full
price.(Para 14, 15 of instructions dated 23/8/2001)
Last date of applications – Dated 23/10/2001
(Para 9 of instructions dated 23/8/2001).
2. TRANSFER OF URBAN PROPERTY
/AGRICULTURAL LAND TO OCCUPANTS
1. Rules/Instructions – Rule 9, 10, 11 of Package Deal Rules and
Instructions dated 13/11/1990.
2. Category -Houses, shops, buildings, plots, sites or agricultural
land which are being used for residential, commercial or
industrial purpose.(Rule 9(a))
- Land locked urban plots unfit for independent construction and
occupied by the owners of the adjoining houses. ( Rule 9(h))
3. Mode of disposal – Transfer to unauthorized occupants. (Rule
9(a),9(h))
4. Eligibility – Continuous possession since 31/12/1988
-Construction before 31/12/1988
-Submitted application by 31/1/1991
(Para (v) of instructions dated 13/11/1990)
5. Maximum area that can be allotted - Normally 500 sq yards
for residential, 1000 sq yards for commercial and industrial
purpose but the excess area can also be purchased at enhanced
rates. (Rule9(b))
- Total area transferred shall not exceed the ceiling fixed under
the Urban Land Ceiling ( Regulation) Act 1976. ( Proviso Rule
9(bb))
6. Officer competent to transfer the property – Naib
Tahsildar/Tahsildar subject to the approval of Sales
Commissioner. ( Rule 10(b),(c))
7. Alienation – No restriction
8. Price fixation -General Category - (1) - Market rate prevailing
on the date of application for residential buildings of area upto
500 sq yards and for industrial / commercial buildings upto 1000
sq yards. (Rule 9(a),(b))
(2)General Category: For area in excess of above limits: At such
additional price not exceeding 25 % of the market price for
residential buildings; at such price not exceeding 50 % of the
market price in case of commercial/industrial built up sites.( Rule
9(bb))
 (3) SC/BC occupants: To pay 50 % of the market price for
prescribed area and only the market price for the excess area. (
Rule 9(e)(i))
(4) Market price for urban properties for which price already
fixed by the Settlement Organisation of GOI- To be enhanced by
10 % every year and CSC to fix it after increasing / decreasing
the enhanced price so as to equate it with the prevailing market
rate. ( Rule 11(i))
(5) Market price not fixed by the SO – (i)Building plot, site or
agriculturalland used for residential purpose irrespective of size;
Building plot, site or agriculturallandmeasuring less than 500 sq
yards and being used for commercial and industrial purpose by
the Tahsildar with the approval of Sales Commissioner. (Rule
11(ii)(D)(i), 11(ii)(B))
(ii) Building plot, site or agricultural land measuring 500 sq
yards or more and being used for commercial and industrial
purpose by the valuation board comprising of SDM, XEN
PWD(BR), GM DIC, Settlement Office (urban). (Rule
11(ii)(D)(i))
(iii) Additional price of the area transferred in excess of the
limits will also be fixed by the valuation board comprising of
SDM, XEN PWD(BR), GM DIC, Settlement Office (urban).
(Rule 11(ii)(D)(ii))
9. Recovery - Non SC/BC : 25 % within 30 days of
determination of eligibility and the balance 75 % in lump sum or
3 equal 6 monthly installments. ( Rule 9(d)(i))
-SC/BC : Total price to be recovered in 12 equal 6 monthly
installments. ( Rule 9(e)(ii)).
10. Penalty for non payment - Non SC/BC : Recovery as arrears
of land revenue with interest if no payment within 3 months of
due date. ( Rule 9(d)(iii))
- SC/BC: As arrears of land revenue with penal interest if no
payment within 6 months of due date. (Rule 9(e)(iii))
11. Remarks – (1) The occupant shall have to furnish electricity
meter bills, water supply connection bill, ration card in token of
proof of his possession. (Annexure E with instructions dated
13/11/90)
(2)After recovery of purchase price, the purchaser will be issued a
Sale Certificate, which will be registered. (Rule 13)
(3)Last date of application 31/1/1991 (instructions dated
13/11/1990)

3. TRANSFER OF URBAN PLOTS/HOUSE SITES TO

WIDOWS OF SOLDIERS ETC.

• Rules/Instructions – Instructions dated 26/11/1975,

2/1/1976. There is no provision under the Package Deal
Rules.
• Category – Plots/Houses in urban areas.

5. Mode of disposal – Allotment to:Widows of the personnel of

Armed Forces, Border Security Force and Punjab Armed Police
killed in the Indo-Pakistan conflict of 1971. (Instruction dated
26/11/1975)
6. Eligibility – Widows of the personnel of Armed Forces,
Border Security Force and Punjab Armed Police killed in the
Indo-Pakistan conflict of 1971 not owning a plot in any urban
area and who has not been allotted 10 acres of agricultural
evacuee land.( Para 2 of instructions dated 26/11/1975 )

• Maximum area that can be allotted – 500 sq yards :

widow of commissioned officer.
o 250 sq yards : widow of non commissioned
officer

(Para 1(A)(3) of instructions dated 26/11/1975 )

• Officer competent to transfer the land – State

government.
• Alienation – No alienation for 10 years. (Para
1(A)(4) of instructions dated 26/11/1975)
• Fixation of Price – Free of cost.(Instructions dated
26/11/1975 )
• Recovery-
 • Penalty for non payment –

13.Remarks–
4. SALE OF URBAN PROPERTY /LAND BY
NEGOTIATIONS TO GOVERNMENT
DEPARTMENTS ETC.

• Rules/Instructions – Rule 9(f) of Package Deal

Rules, Para 3C of FCR SO 28
• Category – Land and urban properties situated in
urban areas.

3. Mode of disposal – Sale to government departments, semi

government departments, cooperative societies, corporate
bodies, local authority.( Rule9(f) )
4. Eligibility –All the above bodies.
5. Maximum area that can be allotted –No restriction.

• Officer competent to transfer the land – FCR : if no

objection from the either department.- CMM/CM: in
case of dispute/objection and in case land is being
transferred free of cost to departments from whom
payment should be taken. (Para 6 of FCR SO 28)
• Alienation – No restriction.
• Fixation of Price –
o Land will be transferred free of cost to the
Punjab government departments (except
departments of colonization, irrigation,
power)

• Market rate from Central Government Departments and

Departments of Colonisation, Irrigation and
 Power of Punjab Government. (Para 6A-1, 6A-2 of FCR
SO 28)

• Market rate from PSUs/ MCs/ ITs/ to other bodies.

• The market price will be the current price to be

determined by DC if the price worked out is less than or
equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is
upto Rs. 50 lac by the Divisional Commissioner and
when it exceeds Rs. 50 lac then by the Financial
Commissioner Revenue. (Para 3 (i)
(ii) of instructions dated 4/9/84)

• Recovery – Lump sum where required.

• Penalty for non payment –

11.Remarks -
5. TRANSFER OF URBAN EVACUEE
AGRICULTURAL LAND TO LESSEES

• Rules/Instructions – Chapter V of DPCR Rules

2. Category – Agricultural lands covered under 1970

agreement, in urban areas and leased out to displaced persons.
3. Mode of disposal – Transfer to lessee/sub lessee for value upto
Rs 10,000. The lessee/sub lessee has to be a displaced person.
2. Eligibility –Lessee/Sub lessee who is a displaced person and
in possession since 1/1/1956 as lessee/sub lessee.
3. Maximum area that can be allotted –For value Rs 10,000.

• Officer competent to transfer the land – Regional

Settlement Commissioner.
• Alienation – No restriction.
 • Fixation of Price – To be assessed by an officer
appointed by the Regional Settlement
Commissioner.
• Recovery – Lump sum at the time of transfer.
• Penalty for non payment –

9.Remarks – It is necessarythat the applicant is lessee/sub- lessee

and a displaced person. The applicant should be asked to give an
affidavit to the effect that he was a displaced person. In addition
he be asked to produce refugee card, copy of claim/verified
claims etc. (Instruction dated 17/7/1974)
6. SALE OF URBAN EVACUEE LAND AND
PROPERTY BY PUBLIC AUCTION
1. Rules/Instructions - Rule 8,9(g), 9(h)of Package Deal, Rule 19
of DPCR)
2. Category – (1) Urban evacuee land and property not
transferred to unauthorized occupants and not sold to
government departments etc.
1. Land locked urban plots the possession of which is
disputed. ( Rule 9(g),(h))
3.Mode of disposal -Open public auction. ( Rule 8, 9(g), 9(h)
4.Eligibility – Any one can participate in the auction.
5. Maximum area that can be transferred –10 acres including own
land holding (Section 4 of Package Deal Act).
6. Officer competent to transfer the land - The Tahsildar / Naib
Tahsildar to conduct the public auctionand the bid to be
confirmed by the Sales Commissioner. ( Rule 8(a), 8(h), 8(j))
7. Alienation - No restriction
8. Price fixation – (1) Reserve price to be fixed. (Rule 8(f))
(2) Market price for urban properties for which price already
fixed by the Settlement Organisation of GOI- To be enhanced by
10 % every year and CSC to fix it after increasing / decreasing
the enhanced price so as to equate it with the prevailing market
rate. ( Rule 11(i))
(3) Market price not fixed by the SO – (i) Building plot, site or
agricultural land used for residential purpose irrespective
 of size; Building plot, site or agriculturallandmeasuring less than
500 sq yards and being used for commercial and industrial
purpose by the Tahsildar with the approval of Sales
Commissioner. (Rule 11(ii)(D)(i), 11(ii)(B))
(4) Building plot, site or agricultural land measuring 500 sq
yards or more and being used for commercial and industrial
purpose by the valuation board comprising of SDM, XEN
PWD(BR), GM DIC, Settlement Office (urban). (Rule
11(ii)(D)(i))
(5) The reserve price of urban land, plot or site which is not
being used for residential, commercial or industrial purpose shall
be assessed by a district level committee headed by the DC/ADC
and comprising SDM, DDLG. The reserve price so assessed will
be approved by the Divisional Commissioner. ( Rule
11(ii)(D)(iii))
9. Recovery - 20 % of the bid at the time of auction and
remaining 80 % within 15 days of the confirmation. (Rule 8(h),
(k))
10. Penalty for non payment – Forfeiture of earnest money (20
%)and reauction.(Rule 9(l))
11. Remarks –(1)Sale certificate to be issued after full payment.
(Rule 14)
(2) The urban evacuee land should be sold by carving out plots
of 300 sq. meter for residential purposes and above 300 sq meter
site for commercial purposes. (Instructions dated 29/7/1988,
Para V (e) of instructions dated 13/11/1990).
(3) Rule 8(d) leaves it to the discretion of Tehsildar to give
advertisement in the press but instructions dated 17/2/1989
make it mandatory that every sale be advertised in at least 2
newspapers.

Muafi and Dera Lands 1. Definition : Lands which were given to certain persons mostly
religious in the areas of old princely states by the Maharajas. The
land is recorded in the ownership of either the Provincial
Government (Kapurthala District) or the Deras (Patiala and
Sangrur District). The Muafidars and Mohtmims are recorded in
the cultivation column. 2. Rules/Instructions : Instruction dated
13/12/82 , 7/8/87, 31/1/92
Para 164 to 167, Para 176 to 182 Punjab Land
Administration Manual.
FCR’s Standing Order No. 7

• Important points : The following important points

should be kept in view while dealing with Dera and
Muafi Lands :

• The Dera / Muafi lands can not be alienated by the

Mohtmim.
• The income can be used only for the upkeep of
Dera.
• The Muafinama and provisions of Punjab Land
Administration Manual determine the terms of
Muafi.
• If any conditions are violated or the Dera property is
misutilized the Mohtmim is liable to be removed and
the Muafi of the Dera is liable to be resumed as per
FCR’s Standing Order No. 7.
• The Muafis / Deras are not hereditary and therefore,
after the death of Mohtmim a fresh proposal has to be
initiated by the DC and a new Mohtmim has to be
appointed by the FCR. There is practice at some places
of sanctioning a mutation of inheritance of Mohtmims.
This is not legal and the heirs of Mohtmim have no
right to the Muafi till they are formally appointed by the
FCR.
• The instructions , provisions of PLAM and FCR SO 7,
High Court Orders and orders passed by FCR have been
discussed in the following paragraphs. The readers are
requested to go through the following paragraphs for
greater details.
 • Instructions
• Provisions of Punjab Land Administration Manual :
Lease/Sale and Resumption of Muafis
• FCR’s Standing Order No. 7 : Appointment of
Mohtmims and Resumption of Muafis
• Shahi Farman and Roznamcha Report
• Deodhi Mualla
• Court Orders
• Conclusion
• Suggestions
• Detailed Court Orders

Instructions
4. Lease and Sale : The Govt. of Punjab, Department of
Revenue vide its instructions dated 13/12/82 , dated 7/8/1987 ,
dated 31/1/1992 asked the Sub Registrars not to register any sale
or lease deed in respect of Dera property. It was explained that
Mahants and Mohtmims were not competent to dispose of the
land attached to the Deras as per the Shahi Farman. The Farman
and the terms of Muafi did not permit any alienation of the Dera
property. The Revenue Officers were directed to enter a remark
in the remarks column of the jamabandi that this property could
not be transferred and alienated
Punjab Land Administration Manual
5. Lease and Sale: The provisions of Land Administration
Manual explicitly state that no alienation of Dera property in
any form whatsoever is permissible.
a. Para 164 - Alienation to relations or strangers should not be
recognized or
recorded.
b. Para 165 - Jagirdars and Muafidars have no power of sale,
mortgage, gift or sub lease of revenue assignment except under
special circumstances, which must be proved.
c. Para 166 - If the manager mortgaged the income on account of
his private debts, then the conditions of Muafi are broken.
d. Para 167 - Grants to institutions are not liable for the personal
debts of the
manager .
6. Resumption of Muafis : Para 176 to 182 (Page/9) deal with
the subject of resumption of Muafis.
a. Para 176 - Muafi can be resumed when the conditions of the
Muafinama are broken.
b. Para 177 - The Muafis are liable to be resumed if the income
of the Muafi is misused and the property is not properly
maintained. The misuse of property for other purposes would
also invite resumption.
c. Para 178 - The grants are by their terms expressly conditional
on loyalty and good conduct. The grant is held on the above
conditions during the pleasure of the government.
d. Para 179 - Misbehavior on the part of Mohtmims would
justify resumption of the Muafis.
e. Para 180 -The title of any person to hold or to inherit a Jagir
or a share in a Jagir is forfeited with he is convicted of a crime
involving a death sentence. If he is in possession, the Jagir will
lapse entirely. If his interest in the Jagir is contingent, it will
cease as regards himself, but survive as regards his children or
other heirs.
FCR's Standing Order No.7
7. Appointment of Mohtmims : Para 14 to 18 of the FCR's
Standing Order No.7 deal with the question of succession in
respect of Muafis.
a. Para 14 - The succession is not hereditary and the terms of the
Muafi indicate clearly who the successor or successors must be.
b. Para 15 - The Deputy Commissioners may sanction the
succession of heirs in accordance with the terms of the grant.
c. Para 17 - In the case of assignments of land revenue released
during the pleasure of the government, the
Financial Commissioner, Revenue is empowered to
sanction the succession of heirs to grants of the annual value
of Rs.50 or less. For the grants above Rs. 50/-, proposals should
be submitted through the Financial Commissioner to the
government. The cases of appointment of Mohtmims are sent to
the FCR by the DC for approval under this Para. The Mohtmim of
Bir Kheri Gujran Dera was appointed by the FCR under this Para
in 1989.
8. Resumption of Muafis : Para 23,24 of the Standing Order No.
7 deal with the resumption of Muafis.
a. Para 23 - Paragraphs 176 to 182 of the Land Administration
Manual, which should be consulted explain the circumstances
under which land revenue assignments are to be resumed.
Special attention is invited to the provisions regarding
assignments for the support of religious institutions, and to the
breaches of the condition of loyalty and good conduct.
b. Para 24 - Financial Commissioner, Revenue has powers to
resume any grant of the annual value of Rs. 50/- and less at any
time if he is of the opinion that the conditions of which the grant
was made are not substantially fulfilled. The proposal for
resumption of any grant of which the annual value exceeds Rs.
50/- is to be submitted through the FCR for the orders of
government.
Shahi Farman and Roznamcha Report
9. Shahi Farman dated 18/4/1921- A Shahi Farman was issued on
18/4/1921. The courts have held that it has force of law. The
English translation of the Farman is reproduced below:
"Approved. Direction should be given heretofore that unless and
until any Mahant is appointed through Deodhi Mualla duly
approved by Ijlas Khaas till then no land or Muafi should be
entered in the name of any Mahant who is entitled to receive
Dastar (Turban), Doshalla or any usage or Muafi etc. from the
Sandharwala.
And it should also be entered that land concerning any Dera
should not be considered as ownership of any Mahant and the
ownership of any Mahant should not be entered in government
record, instead it should be entered as ownership of Dera under
the Management of Mahant. The Mahants shall not be entitled to
sell or mortgage the land belonging to Dera. "
Dated 18/4/1921
 10. Roznamcha report dated 26/10/1943: This report
reproduces the order of Deodhi Mualla. It reads as follows :
" It has come to notice that Mohtmims of Gurdwaras, Mahants of
Deras, Pujaris of Temples and Mutbalis of Mosques are leasing
out the properties of the institutions at nominal amount for their
own benefit for a period ranging from 10 years to 20 years. Their
action is detrimental to the progress of the institutions and is
deplorable. It is decided that for the proper maintenance of Deras-
a. The properties, which have been leased out for more than 3
years, should bereturned to the institutions.

• In future the Mohtmims and Mahants will not lease out

the property for any purpose without the permission of
Deodhi Mualla.

Sd/-Pritam Singh
Sardar Sahib Deodhi Mualla "
11. These two orders governed the Muafis in the state of
Patiala. The Deodhi Mualla was given the powers to appoint
Mohtmims and grant permission for leasing out the properties.
There is complete ban on sale and mortgage of Dera properties.
Lease with the prior approval of Deodhi Mualla is permitted.
Deodhi Mualla
12. Vide circular dated 13/02/1948 (13/02/2006 BK), the
Deodhi Mualla and Karor Department amalgamated into one
department viz Deodhi Mualla Department. As a consequence of
this one section of the hitherto Deodhi Mualla comprising of
Punjab Ragis, Granthis, Pujaris, Annual Holders payable from
the State Exchequer has been transferred to the Home
Department Pepsu. For the control of another section i.e.
management of religious institutions, such as Gurdwaras, Deras
and Dharamshalas etc. formerly managed by either Deodhi
Mualla or Gurdwara Interim Board, a Dharmarth Board
comprising of the following members has been appointed under
Roznamcha command.
13. Vide circular No.11 dated 19/07/1949 (04/11/2006 BK), it
was clarified that Dharmarth Board had been formed under
Roznamcha Commands for controlling the property
and administration of the Gurdwaras, Deras and other
religious institutions of Sikh Sampardais only, it has no control
over the religious institutions of Non-Sikh Sampardais.
14. The courts have interpreted the provisions and held that the
powers of Deodhi Mualla as transferred to Dharmarth Board do
not relate to non-Sikh institutions. The powers of Deodhi Mualla
as relating to non-Sikh institutions have not been conferred on
any officer by the State Government. The Deodhi Mualla is a
very important institution with regard to non-Sikh Deras and
Muafis and therefore the powers need to be given to some officer
of the State government or to the Dharmarth Board.
Court Orders
15. The details of the court orders are enclosed herewith. The
Shahi Farman, Roznamcha Report and other provisions have
been interpreted by the courts.

• Lease: High Court in its order dated 18/2/86 in CWP

No. 1706/1985 held that government could not issue
instructions prohibiting the lease of Dera land. This
judgment was upheld by the Division Bench vide its
order dated 9/1/97 in LPA No. 231/1986. It was held
that no ban on lease was imposed by the Shahi Farman.
The court held that Shahi Farman had the force of law.
The FCR in his order dated 4/5/98 permitted leasing out
of Dera lands without any conditions. The LR whose
opinion was obtained says that long time leases could
not be permitted, because they amount to permanent
alienation. The opinion of LR was based on High Court
order in the case of Shiv Dayal V s Om Parkash
reported in 1992 PLJ 249. The High
Court had categorically held that 99-year-old lease
 of religious and charitable property is not
permitted.

b. Sale: The High Court vide its order dated 20/12/93 in CWP
No.7199/ 1993 held that government could not prohibit sale of
Dera lands. This order was also upheld by the Division Bench
vide its order dated 9/1/1997 in LPA No.409/ 1994. The first
order is cryptic in nature. The court relied on the judgment
delivered in CWP No. 1706/1985 and held that no instructions
could be issued prohibiting registration of sale deeds. The fact that
CWP No. 1706/1985 related to lease of Dera lands was not
discussed.
c. Appointment: The Punjab and Haryana High Court in its order
dated 14/1/1994 in CWP No. 7142/1992 held that Dharmarth
Board and the DC have no power to make appointments of
Mohtmims of Hindu religious institutions. Similar judgment was
given on 18/1/1994 in CWP No.5388/ 1991 and on 1/2/1994 in
CWP No.2940 / 1992. It was held that the institution of Deodhi
Mualla merged with the Dharmarth Board and the Board did not
have any jurisdiction with regard to Hindu religious institutions.
Conclusion
16. The Dera lands are not the personal property of Mohtmims.
The lands are to be used for the purpose specified in the
Muafinama. The purpose as per most of Muafinamas is for
maintenance of the Dera and running of langar etc. Some of the
Deras have big chunks of land. It is very difficult for the
Revenue Officers to ensure that Dera lands are not misused and
the income of Dera is properly utilized. The incomes of the Dera
land has become the personal income of the Mohtmims for all
practical purposes. In large number of the cases the Mohtmims
have sold / leased out valuable Dera lands. The Deras and their
buildings are not maintained properly. They have lost their
utility and there are very few followers. The muafis should be
resumed.
17. The other serious problem is in regard to Mohtmims. As per
Shahi Farman the Bhekh has to recommended a person for
appointment as Mohtmim and thereafter his appointed by the
FCR. The Bhekh is not very well defined. The
appointment of Mohtmims becomes very complicated and it
creates litigation and law and order problems. Most of the
time death of Mohtmim is not reported and there is no one to look
after the property and lands.
18. The Dera lands are exempted from provisions of Punjab
Land Reforms Act 1973. Section 14 of this Act stipulates that
this Act will not apply to lands belonging to any religious or
charitable institution including a temple, Gurdwara and any
other religious place of public nature. This exemption was
granted in view of public nature of the institutions. This makes it
clear that Mohtmims are not the owners of the land and they can
not be given powers to alienate the Dera lands.
19. The High Court has merely held that government could not
issue general instructions prohibiting lease and sale of Dera
lands. The Court has held number of times that the Shahi
Farman dated 18/4/1921 is a law. The Farman categorically
prohibits sale of Dera lands. It is silent about lease. The
Roznamcha Report says that the property can be leased out with
the permission of Deodhi Mualla and that too only upto 3 years.
The Muafinama gives the details of the purpose of the Muafi
and the manner in which the land is to be utilized. The legal
position that emerges is that short- term leases can be allowed
with the permission of the government. The Mahants are not the
owners of the Dera lands and they cannot be permitted to dispose
of the property which basically belongs to the community . The
contention of the Mahants that they have unfettered right to
lease out and sale the Dera property is not based on facts. Their
request that the revenue authorities should register the
transactions and sanction the mutations cannot be conceded.
20. As explained above the courts have held that Dharmarth
Board has no jurisdiction with regard to appointment of
Mohtmims. It has also been held that the powers of Deodhi
Mualla have not been conferred on any officer. But the
provisions of Standing Order No 7 with regard to appointment
of Mohtmims have not been questioned or set aside by any
court. The state government is, therefore, fully competent to
appoint and remove the Mohtmims. The contention of
Mohtmims that the government should not interfere with the
management of Deras is also without any basis.
21. The powers of the government to resume Muafis in case the
conditions attached to them are breached has also not
been challenged or set aside by any court. The state
government is, therefore, fully competent to examine if any
conditions have been violated and resume the Muafis if there are
sufficient grounds for doing so. The plea of the Mohtmims that
the state government should not interfere with the Dera property
is again without any basis.
22. Revenue Department is seized of the problem of Bir Kheri
Gujran Dera and the matter will be decided shortly. Once the
Muafi is resumed the unauthorized occupants can be evicted by
initiating proceedings under the pp Act
Suggestions
23. There are large number of Deras and Muafis in the state
especially in the districts of Patiala, Sangrur, Bathinda and
Kapurthala. The lands attached to these institutions runs into
thousands of acres. ( As per report of DC Sangrur, the total land
attached to the Deras in Sangrur district is about 9700 Acres. In
Patiala it is said to be 6500 acre.) The land is not only valuable
but it also belongs to the community and not to individual
Mahants. Besides the Dera properties are source of law and
order problem on a number of times. The hands off approach
advocated by the Mohtmims cannot be accepted by the state
government. We have to be vigilant and take adequate measures
to safeguard the valuable properties. Some of the measures
suggested are administrative while others are legislative in
nature.
24. Administrative Measures: The following steps should be
taken to ensure the protection of the properties attached to the
Deras/Muafis :

• No alienation of Dera properties in whatsoever

form including lease, sale and mortgage is to be
permitted.
• The Deputy Commissioners should be asked to compile
an inventory of Dera and Muafi lands. The Muafinamas
should be examined.

c. The DCs should ensure that Mahants have been appointed where
necessary after the death of previous Mahants.
d. If the Mahants have misused the Dera property or failed to
protect the lands attached to the Deras, then they are liable to be
removed and the Muafi resumed.
e. It should be ensured that income of the Dera is properly
utilized and the property is properly maintained. If there has been
any violation of any condition then the Muafi should be resumed.
Once the Muafi is resumed the state government becomes the
owner and the Mahants and their lessees become unauthorized
occupants and they can be removed under PP Act.
25. Legislative Measures : As explained above the
appointment of Mahants and resumption of Muafi are governed
by Shahi Farman, Standing Order of the FCR and the provisions
of Punjab Land Administration Manual. They have been
interpreted in different ways. It is, therefore, necessary that the
position should be clarified and clearly stated. Some of the
suggestions are :
a. As argued above the Dera lands have been grossly misused
and muafis granted to them do not serve the purpose for which
they were granted. It will be better if all such muafis are
resumed by enacting a special act on the lines of The Punjab
Resumption of Jagirs Act, 1957. The Haryana Government has
also taken control of two religious properties, Mansa Devi in
Panchkula and Sheetla Mata in Gurgaon. The Deras having
sizable population can be managed by a Management
Committee of the area headed by some Revenue Officer.
b. The High Court has held that Shahi Farman does not prohibit
lease of Dera lands. It could be amended so as to specifically
prohibit the lease of the Dera properties.
c. As per Shahi Farman and Roznamcha Report the Deodhi
Mualla has been given the powers to appoint the Mohtmims and
grant permission for leasing out the Dera properties. The court has
held that no officer of the state government has been conferred
the powers of Deodhi Mualla. Such powers could be conferred
to the FCR.
d. We should enact a comprehensive act governing the Deras
and Muafis. The provisions of Shahi Farman, Standing Order
and the Land Administration Manual could be consolidated and
given a legal back up. The act should cover the appointment and
removal of Mohtmims; the procedure regarding lease of Dera
properties; the procedure regarding resumption of the Muafis;
powers of various officers; the manner in which the income is to
be utilized etc.
Special Secretary Revenue
Title Due Dilligence for Maharashtra
Properties in
Maharashtra

Gram Panchayat - Non Agricultural - Title Flow should be clear

Properties without N.A. permission is the Permission - Technical report will not be clear
order granted for as NA order is mandatory for
conversion of agricultural obtaining permissions for
use for various non building any kind of structure
agricultural uses for the - Land Value to be assessed basis
land assessed on used for ready reckoner rate &
agricultural purpose. Construction to be considered
max upto 0.75 FSI or upto G + 2
- The permission is granted (G+3 in case of parking on
under the provisions of Ground Floor) construction
sub-section (1) of section whichever is lower
44 of the Maharashtra - LTV to be restricted @ 40% of
Land Revenue (conversion total value and 50% of Land
of use of land and N.A Value whichever is lower
Assessment) Rules, 1969 - Only R-Zone // No Development
to the competent authority Zone (Na Sheti Na Vikas) //No
having respective Gaothan certified properties to be
jurisdiction of either considered
Tahsildar or the Sub- - Property should have basic
Divisional Officer or the amenities i.e. electricity, roads,
Collector as the case may be. water etc. Lay-out/plot
demarcation plan from local
competent authority to be taken
confirming the same
- Properties constructed - School premises property should
without N.A. permissions be in existence for more than 10
Years (No deviation)
are illegal in nature but
- Land revenue records (8A extract)
there is provision of
to be documented confirm the
regularizing such
same
structures if fall under R-
- In Addition, Electricity bill
Zone // No Development
confirming the vintage of
Zone (Na Sheti Na Vikas) property to be documented
// Gauthan - NIL tax liability certificate from
Gram Panchayat
- Possibility of Acquisition / - Registered Mortgage deed to be
Demolition is high in such executed and charge to be created
cases. on 7/12 extract of the property
- 10% of loan amount to be hold till
- As per Section 31(i) of the the creation of charge on 7/12
SARFAESI Act, the act extract
does not apply to any
security interest created in
agricultural land. In case
of default, the matter will
be processed under
Arbitration and/or DRT
Goathan Properties - Form 8 in the name of the land owner/
developer/ property owner is a must
have document.
 - GP/ Patwari Letter confirming the
said property/ plot is under
Gaothan Property and the same is
in the name of the owner.

- Undertaking cum Indemnity from

all security provider as per
standard format to be obtained.

- Registered Mortgage mandatory

in all cases other than apartments/
dwelling units in high-rise
buildings purchased from
developers.

Gunthewari Properties ➢ It is common practice to 1. Regularization Certificate along-

create small plots of with Development Plan from the
agricultural land in Authority till year 2005 is eligible
multiple of gunthas and under Normal Policy.
sell it to needy person for
construction of house. In 2. Regularization Certificate issued
this case seller is violating post 2005 till 2010 may be
conditions mentioned in acceptable for funding under
section 8 of The Bombay special products offered at
Prevention of the different LTV/ Interest rated.
Fragmentation and
Consolidation of Holdings 3. Either of the below document
Act, 1947 and also as per needs to be registered:-
section 63 of tenancy act; (i)Unregistered Development
Sale of agricultural land to Agreement (DP) or (ii) Power of
non farmer is not possible Attorney (POA).
without permission of the
Collector. 4. Land owner to come as
➢ Creating such small plots confirming party if none are
and constructing house on registered in the Borrower’s
them is conducting non Agreement.
agricultural activity on
agricultural land. So ➢ Only properties regularized prior
person intends to do above to 2004 to be considered.
activity is require to
convert agricultural land ➢ RCU verification of such
for non agricultural regularization certificate and plan
purpose. Collector is to be positive.
empowered to grant such
permission. ➢ Technical report to confirm the
➢ Where such permission is Demolition risk is “LOW”
not obtained, ➢ Construction area to be
Grampanchyat cannot grant considered as per actual
building permission. Since regularized plan (No deviation
these subdivisions are usually allowed)
in multiples of a
guntha, such ➢ Only Self-Occupied properties to
developments are be considered.
sometimes referred to as
Gunthewari developments. ➢ LTV to be considered 10% lower
➢ Maharashtra Government than acceptable collateral
has enacted as Act namely ➢ LTV to be dropped 5% further
Maharashtra for rented properties.
Ghuntewari Act 2001 for
regularization of such ➢ Vacant/Under-construction
unauthorized properties not allowed
constructions already
constructed and ➢ Electricity bill prior to date of
regularization of small regularization certificate is
plots for further mandatory.
constructions.
➢ Such permissions were ➢ Latest property tax paid receipt to
allowed till 2004 only but be collected (NIL o/s at the time
such process of of disbursement of loan)
regularization could not
be completed in stipulated
time frame was extended
till Oct-08
➢ Such constructed
structures are not as per
development plans.
Horizontal & Vertical
deviation of FSI can be
observed in such
properties
➢ Also authenticity of
regularization certificate is
questionable, majorly of
that post 2004
➢ In the layout, 10% of the
plots shall vest in the
Planning Authority, free of
cost: Provided that, such
plots are unsold and
unbuilt;
➢ Wherever necessary, open
marginal spaces shall be
surrendered, to achieve a
road-width of nine meters
or required Development
Plan road width in the
areas of a Municipal
Corporation, a Special
Planning Authority and a
New Town Development
Authority and four and
half meters or required
Development Plan road
width in other areas;
➢ It shall not be the
responsibility of the
Planning Authority to
provide alternate plots or
 otherwise compensate plot-
holders displaced or affected
by any
development or rectification
carried out in the process, or
for the purpose, of
regularisation and
upgradation of
Gunthewari developments;
➢ The regularisation of any
Gunthewari development
shall not confer any title or
claim in respect of the land
or building not already
enjoyed by its holder prior to
such regularisation.

Share Certificate - Share Certificate if not issued by

Endorsement in the name society shall not be marked as
of Borrower PDD.
- Share Certificate if issued but not
endorsed in the name of security
provider, it may be given as PDD
for a period upto 1 year.
-
-
CIDCO Properties The CIDCO Properties can be classified as under :

1. Tender Plots allotted to Developers/Builders

2. 12.5% GES Plots to Project Affected Persons (PAPs)

[I] Tender Plots allotted by CIDCO :-

In the case of Tender Plots:-

- CIDCO allots the leasehold plots be executing an Agreement to

Lease and the said Builder/Developer (Licensee) can
develop/construct the building on the said plot. Builder/Developer
can raise the loan (construction finance) by mortgaging the said plot
with any financial institute (empanelled with CIDCO) by obtaining
the NOC to mortgage from CIDCO in favour of the concerned
lender.

- The Developer has to complete the construction and has to obtain

the occupation certificate within a specified period of time and then
after the builder/developer can sell the constructed units to the
prospective buyers with the consent of CIDCO. The
Builder/Developer shall form the Co-operative Housing society of
the said unit holders and intimate accordingly about the same to
CIDCO.

- CIDCO may execute the lease deed in favour of the

Builder/Developer/ the Society OR
- If the CIDCO has executed the Lease Deed in favour of the
Builder/Developer then on formation of the Society and intimation
from the Builder/Developer to CIDCO, CIDCO will issue the
Transfer Order for transferring the leasehold rights in the land/Plot
in favour of the Society and thereafter the Builder/Developer can
execute and register the Deed of Assignment in favour of Society.

- Builder/Society will have to attach the list of the unit

holders/society members along with the copy of their respective
Regd. Agreement to Sell of the Units to the said Lease Deed or Deed
of Assignment to be registered in favour of the Society.

- Thereafter CIDCO will issue the NOC to mortgage to the members

of the said society if any member wants to mortgage his/her unit/flat
to any financial institution/Bank, empanelled with CIDCO.
- Without the CIDCO NOC to mortgage, the mortgage is incomplete
and unenforceable.

Note:-
Builder NOC /Society NOC to mortgage will not suffice the purpose of
noting of charge unless the Lease Deed or Deed of Assignment in favour
of Society is executed.

The Bank/FIs can secure their lending only after obtaining the NOC to
mortgage from CIDCO and the said Bank /FIs should have been
empanelled with CIDCO.

Unless and untill the FI’s or Banks get the permission to mortgage from
CIDCO the lending done against the security of the CIDCO properties
are unsecured. Bank/FIs may at its risk accept the CIDCO Properties
without CIDCO NOC.

The enforcement of the such properties may troublesome or difficult as

the CIDCO may object the enforcement at any point of time and may
charge some penalty to regularize the such transfers or enforcements
and/or may cancel the allotment also.

CIDCO is taking actions as per the provisions of The New Bombay

Disposal of Land Regulation Act, 1975.

CIDCO do not recognize the rights, title and interest created by way of
Leave & Licence, Lease, Development Agreement etc. unless the Lease
deed is executed in favour of the Allotte.

[II] 12.5% G.E.S. [Gaonthan Expansion Scheme] Plots:-

In most cases, the flats purchased in Navi Mumbai, are built by builders
on the lands known as 12.5% Gaothan expansion scheme (G.E.S) and
(also called ‘sade barah takka’ plot).

In this case the land was initially allotted by CIDCO to a local villager
(gaonwalla), in exchange for his farmland, which CIDCO took over for
development of the area [For Govt. projects/Govt. purposes.].
The exact beneficiary of this scheme is decided by land revenue
documents and a document called 7/12 (saat baaraah). These are
available with the village Talati, Tehsildar, Patwari, Collector etc.

Basically the ratio of this acquisition was 12.5%, which means that if
the villager owned 100 sq meters of farmland, he was allotted 12 meters
of land, on Risk –Legal which he was free to do construction activity or
sell it for a profit.

In the said case, CIDCO allots the plot of land to those persons whose
land is acquired for developing some Govt. projects/Govt. purposes.

1. The said persons are Project Affected Persons (PAPs).

2. The said land is also on lease and CIDCO execute the Agreement to
Lease in favour of the said PAPs.

3. The said PAPs have to develop the said land within the prescribed
period of time and have to obtain Occupation Certificate.

4. If the said Allotee can transfer the said allotted plot to some other
person by obtaining the permission to transfer and accordingly
CIDCO, the Original Allotee executes a Tripartite Agreement in
favour of the new Transferee.

5. CIDCO do not recognize the transfer of development rights vide

Development Agreement and Power of Attorney. The said new
Transferee shall develop the property as per the construction
permission and approved construction plan and obtain the
occupation certificate from the competent authority.

6. Thereafter CIDCO will execute Lease Deed in favour of the said

Original Allotee or new Transferee (as the case may be).

7. Post execution & registration of the lease deed, the said Original
Allotee or the new transferee can sell the flats/commercial units to
prospective purchasers.

8. Accordingly the said new Transferee shall form and register the
Cooperative Housing Society of the said Flat Owners/Unit Holders
and submit the documents accordingly with CIDCO and request for
assigning the rights in the land in favour of the said Society.

9. On issuance of the transfer permission, the said New Transferee

shall transfer the leasehold rights in the land to the said Society by
way of Regd. Deed of Assignment.

10. Post execution and registration of the said Regd. Deed of

Assignment, the Flat owners/Unit Holders may approach CIDCO
for issuance of permission to mortgage in favour of the financial
institutions/Bank.

In such cases, below mentioned documents are required:-

• Award Copy
• Letter of Intent
• Letter of Allotment
• Lease Agreement
• Transfer charges
• Final Order
• Tripartite Agreement
• Final Order

Award Copy A type of letter issued by CIDCO, specifying the Name

of the villager to whom CIDCO has decided to give 12.5% of the land
acquired by it. It is proof that the villager is entitled to a parcel of land
from CIDCO. Till this stage, the place and exact spot of allotment is not
known to the villager. The only thing he knows is that he will be allotted
a specified area of land.

Letter of Intent:- Once CIDCO is ready to allot the piece of land to

the villager holding the award copy, it issues a letter of Intent to the
villager telling him the same. He is then shown the exact plot that he
will be allotted and his approval obtained via a signature.

Letter of Allotment :- Once all the approvals of the villager are

obtained, a letter of allotment is issued which specifies the villager’s
name and exact demarcation of his plot.

Lease Agreement:- Since CIDCO does not sell any plots (it only gives
plots on long term 60 yr lease), it signs a Lease agreement with the
villager which specifies the exact terms of the lease. It includes the time
limit for constructing the structure, the fines and penalties imposed in
case of any violations of the time schedule, transfer charges to be paid
to CIDCO and approval of CIDCO incase any new title or interest is
created in the property.etc.

Transfer charges After the lease agreement is signed by the villager,

he pays the CIDCO transfer charges and other CIDCO charges.

Final Order [In favor of villager] :- Once all the stipulations of the
Lease agreement are complied with a Final Order (a type of a letter on
CIDCO letterhead) is issued to the Villager which clearly and
conclusively gives the rights, title and interest to him.

Tripartite Agreement This is a type of agreement by which the villager

transfers his rights, title and interest on the land to a third party, namely,
the builder/developer/construction company. This could be done for
various reasons including lack of funds, expertise etc. Transfer charges
are paid to CIDCO and CIDCO now admits the
builder/developer/construction company in its records as the owner of
the land.

Final Order [In favor of Builder/Developer] Its a letter issued by

CIDCO stating conclusively that the rights title and interest of the said
plot now belong to the builder and not the villager.
 Once these documents are in place, the builder takes over and starts the
procedures to construct the building. This involves getting permissions
from various agencies like CIDCO and NMMC, Fire dept etc.

After completion, the builder/developer obtains the Occupancy

Certificate. Only after obtaining the Occupancy Certificate only can the
builder sign the lease deed with CIDCO.

*This lease deed is the most important document that a flat buyer should
insist on, once the Occupancy certificate is issued to the building.
Society formation, Conveyance of land in favor of the society etc will
become all the more difficult if this document is not available.

Imp: Occupancy certificate is issued by NMMC and proves that the

building is legal and adheres to the sanctioned plans. Drainage and other
water connections are given only after this final certificate. Please be
aware that after the recent scams in land dealings in Maharashtra and
Mumbai, the municipal authorities have become very strict and do not
issue Occupancy certificates like they used to. Earlier the builder could
pay a fine and regularize the illegal work but now its not uncommon to
find buildings even on the high profile Palm Beach road lying vacant
for 8 months or more due to this factor. One such building is Balaji
Heights located in sector 50, Seawoods (The name of the firm is
Reliable builders.

MHADA PROPERTY When MHADA allots its land to Society for the development, it needs
to be checked if Indenture of lease between the MHADA and the
Society is been executed and is duly stamped and registered.

• List of members of the Society should be made available and

checked to ascertain the members of the Society.

• Allotment letter issued by MHADA should be in the name of

the founder member or the additional member whose name is
mentioned in the list of members of the society.

• Society should be registered

• Share certificate has to be issued by the Society in the name of

the member.

• If the Society develop the property through Developer, there

needs to be registered Development Agreement and POA
executed by the Society in favor of the Developer.
• Construction permission development permissions,
Commencement Certificate, Occupation Certificate needs to be
checked.

• Transfer permission from MHADA from founder member to

new member in case of Resale property has to be obtained.

• Permission to Mortgage from Society and MHADA

[Requirement of MHADA NOC to mortgage can be assessed on
case to case basis after perusing the documents.]
SRA properties
SRA rehab properties no transfer is allowed within 10 years. After
completion of 10 years permission from SRA is required.
[Condition for permission to transfer/mortgage needs to be
ascertained from the agreement entered between the SRA and the
allotee.

LSR should include the following points:-

• Resolution of the Society to appoint Developer needs to be

obtained and check.
• It needs to be checked if the Developer has entered into
individual agreement with all the Slum Dwellers for
participating in the scheme of SRA.
• It needs to be checked if the letter of intent is issued by SRA.
Letter of intent is the important document and is issued by the
SRA after verifying the proposal of the society. All the terms
and conditions of the letter of Intent needs to be checked and
see if the same are being complied.
• Non Agricultural permission, intimation of disapproval,
commencement certificate, occupancy certificate/building
completion certificate and other building permissions needs to
be checked.
• If the construction is completed, OC needs to be obtained.
• It needs to be checked if the property to be mortgaged wit us
forms a part of saleable area only.

Documents required for SRA PROPERTIES

1. Allotment Letter- Stamped And Registered

2. Possession Letter
3. Sale Component/ Rehab Component
4. SRA Order Copy
5. Annexure-2- Along with the name of the Tenants/ Occupants
6. SRA Letter of Intent to Builder
7. Registered Development Agreement – Along with Details on
Conveyance To Society Rights- To Be Checked By Lawyers.
8. Permanent Alternant Accommodation Agreement Along With
Possession
9. Society Share Certificate- Mandatory
10. Maintenance Bill- Latest
11. Permission from SRA to mortgage/transfer the property.

What is a Collector property

Collector Land
• Land is a state subject. In a state, government-owned properties
fall under the control of the revenue department, and the
ownership of such properties vests with the city collector.
 • For developing housing projects on such land parcels,
developers, state as well as private builders, have to take the
collector’s permission.
• It is only after obtaining his permission that a developer or
property owners can start the process of attaining permissions
from other municipal and development agencies to state the
construction work.
• Private estimates show there are about 3,000 housing
societies built on collector’s land in Mumbai while there are
around 22,000 such societies across the state of
Maharashtra. In Mumbai, such properties are found in the city
centre (Nariman Point) as well as suburbs (Mira Road, Vasai,
Virar, chembur etc.) . Several of the city’s government and
privately developed high-profile housing societies are built on
collector passing property.

How is collector property different?

• Collector passing properties, also known as B1 properties.
• Allotted to buyers on a leasehold basis for a specific period,
which might span up to 99 years.
• Residents of such housing societies are legally acknowledged
as Class-II occupants (leasehold rights), and their rights are
limited when compared to Class-I occupants (freehold
rights).
• For renting, mortgaging, gifting and selling, the occupants/
owners needs the prior permission of the collector by paying
a transfer fee (for selling /transferring).
• In case a buyer transferred the membership within five years of
formation of such societies in Mumbai they will have to pay Rs
1,000 per square foot or three per cent of the ready reckoner
rates prevalent in the area, whichever is higher, as transfer
fee.
• In the case of transfers or sale of apartments after five years of
society formation, an amount equal to two times the transfer
fee, calculated as per the revised rates, would be payable.
• In case of leave and license, the owner has to pay five per cent
of the total amount earmarked in the lease agreement.
• In case the collector's permission has not been sought, issues
might arise posing threats on the legality of the transaction.
• The registrar's office temporarily stopped registering
properties built on collector land as “The registrar’s office
has received a circular from the collector’s office informing that
unless the property registration card mention it is a B1
property and is accompanied by a no-objection certificate
from the collector, it will not be registered," .
• However, one can regularise the construction by taking the
collector’s permission after paying a penalty, which would be
double the transfer charge.
• After the lease period expires, the buyer has to submit an
application for the renewal of the lease since they do not
become the absolute owners of the property. It is entirely up to
the collector to accept or reject the application. Every time a
lease is renewed, the buyer has to pay a pre-fixed amount to do
so.
 •*These are often premium properties in the city’s posh
localities. However, a buyer must remember that the cost of
buying and renting these properties will be higher when
compared to similar properties as there are transfer charges
involved. Apart from all the standard charges, buyers will have
have to bear the transfer cost.
• *The documentation process would also be lengthier since
additional approvals must be taken to complete the transaction
when compared to an average deal.
Documents required
• Original Allotment documents/registered transfer documents.
• Permission to Sale from the collector ( If original owner has
further transferred the property )
• Permission to Mortgage from the collector.
• Property Card with B1 property mentioned on it.
• Permission to Mortgage from Society.
•
Self-Redeveloped Self-redevelopment is not a new concept. In the 60s, most of the
Properties buildings in Mumbai were developed by the society members
themselves. They would come together, form a society, arrange the
finances by contribution and mortgage, and set designs in place, and
select contractors to construct the building. These buildings were
designed as per the requirements and quality standards set by the
members and they still stand tall and distinct due to the efforts and
interest taken by the members.

Document Required
1. Land Ownership Proof
2. Conveyance Deed
3. Index II (copy of Index II, one has to make an application under
section 57 of Registration Act, 1908 and Rule 73 of Registration Rule,
1961 to Concerned Sub Registrar office where the document is
registered.)
4. Sale Deed in favor of Society
5. Original Building Plan 6/12 extract, 7/12 extract and Property
Card (Members share certificates and their respective
agreements )
6. NA Orders (Set Back Area Details)
7. Audited Financial Statements for last 3 years
8. City Plan or City Survey Plan with CTS Number (Physical Plot area
Measurements)
9. List of Committee Members
10 Details of Society Members
11. Single Window Clear